XN000022-1985-06-12 — Page 7

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WEDNESDAY, JUNE 12, 1985

+THIS BILL SEEKS TO CODIFY THE EXISTING COMMON LAW AND PARLIAMENTARY PRACTICE WHICH CAN BE EXTENDED OR HAS ALREADY BEEN EXTENDED TO THE HONG KONG LEGISLATURE UNDER THE DOCTRINE OF INHERENT NECESSITY, SHE SAID.

ALSO, SECTION 4 OF THE OATHS AND DECLARATIONS ORDINANCE WHICH PROVIDES FOR THE SUMMONS ING OF WITNESSES TO GIVE EVIDENCE BEFORE THE COUNCIL AND ITS COMMITTEES FORMED THE LEGAL BASIS FOR THE CLAUSES ON EVIDENCE IN PART II, AND CLAUSES 17 AND 18 UNDER PART IV OF THE BILL, SHE ADDED.

MISS TAM THEN LISTED THE CONSIDERATIONS GIVEN INTO INTRODUCING THIS BILL AT THIS POINT IN TIME:

1. AFTER 1997 ANY INHERENT POWERS AND PRIVILEGES

DERIVED FROM THE PRESENT STATUS OF THE LEGISLATIVE COUNCIL AS A COLONIAL LEGISLATURE WILL CEASE TO HAVE EFFECT IN HONG KONG

2. THE POWERS AND PRIVILEGES DERIVED FROM CASE LAWS

HAVE NOT REALLY BEEN BROUGHT OUT IN COURT RULINGS AND IT IS DESIRABLE THAT THERE SHOULD BE A CLEAR UNDERSTANDING OF WHAT RIGHT THE LEGISLATURE HAS:

3. WE ARE ALREADY IN THE TRANSITIONAL PERIOD, AND AS

WE MOVE TOWARDS REPRESENTATIVE GOVERNMT AND MOVE AWAY FROM THE TRADITION OF CONSENSUS POLITICS, IT WILL ASSIST THE FUNCTIONING OF THE LEGISLATIVE COUNCIL IF THE POWERS AND PRIVILEGES, THAT THE LEGISLATURE AND ITS MEMBERS CAN ENJOY, ARE CLEARLY UNDERSTOOD:

4. IN THE GREEN PAPER ON FUTURE DEVELOPMENT OF

REPRESENTATIVE GOVERNMENT IN HONG KONG, IT WAS ENVISAGED THAT THE LEGISLATIVE COUNCIL IN FUTURE MAY ELECT ITS OWN PRESIDENT WHO WILL LACK THE OTHER PROOFS OF AUTHORITY WHICH THE GOVERNOR HAS. THE PRESIDENT MUST HAVE CLEAR LEGAL SANCTION TO WHICH TO POINT FOR HIS CONDUCT OF THE BUSINESS OF THE LEGISLATURE; AND

5. FINALLY, WITH THE DEVELOPING PUBLIC ROLE OF THE

COUNCIL'S COMMITTEE FOLLOWING ON THE OPENING UP OF THE HEARING OF THE FINANCE COMMITTEE AND BUDGET ESTIMATES AND THE PUBLIC ACCOUNTS COMMITTEE, AND NOW THE SETTING UP OF THE SELECT COMMITTEE ON COMPLEX COMMERCIAL CRIMES, IT IS TIMELY THAT THE POSITION REGARDING THE CALLING OF WITNESSES AND THE HEARING OF EVIDENCE SHOULD BE CODIFIED.

/+ALL THESE