XN000022-1985-07-09 — Page 2

TUESDAY, JULY 9, 1985

PLAN TO REMOVE REPORTING RESTRICTIONS

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THE GOVERNMENT WILL MOVE A MOTION AT THE LEGISLATIVE COUNCIL MEETING TOMORROW (WEDNESDAY) TO REMOVE RESTRICTIONS ON REPORTING OF PUBLIC SESSIONS OF THE COUNCIL'S SELECT COMMITTEES, THIS CHANGE HAS BEEN REQUESTED BY THE CHAIRMAN OF THE SELECT COMMITTEE ON THE TRIAL OF COMMERCIAL CRIMES IN ORDER TO FACILITATE THE COMMITTEE'S WORK.

UNDER STANDING ORDER 63 OF THE COUNCIL, EVIDENCE TAKEN BEFORE A SELECT COMMITTEE AND DOCUMENTS PRESENTED TO THE COMMITTEE MAY NOT BE PUBLISHED BY ANY PERSON OR ANY MEMBER OF THE COMMITTEE BEFORE IT HAS REPORTED TO THE FULL COUNCIL.

THIS WAS INTENDED TO AVOID ANY PREMATURE PUBLICATION OF EVIDENCE WHICH MIGHT UNDULY INTERFERE WITH THE WORK OF THE SELECT COMMITTEE BEFORE IT HAS CONCLUDED ITS DELIBERATIONS.

HOWEVER, AS THERE IS PROVISION UNDER ANOTHER STANDING ORDER (62) FOR THE SELECT COMMITTEE TO MEET IN PUBLIC IF IT WANTS TO DO SO, AN ANOMALOUS SITUATION MAY ARISE IN WHICH EVIDENCE GIVEN IN PUBLIC MAY NOT BE IMMEDIATELY REPORTED TO THE GENERAL PUBLIC.

TO AVOID SUCH A SITUATION, A PROPOSAL WILL BE MOVED TOMORROW TO AMEND STANDING ORDER 63, WHICH WILL THEN READ AS FOLLOWS:

+THE EVIDENCE TAKEN BEFORE A SELECT COMMITTEE AND DOCUMENTS PRESENTED TO THE COMMITTEE SHALL NOT, EXCEPT IN THE CASE OF SITTINGS OF THE COMMITTEE HELD IN PUBLIC, BE PUBLISHED BY A MEMBER OF THE COMMITTEE OR BY ANY OTHER PERSON BEFORE THE COMMITTEE HAVE PRESENTED THE IR REPORT TO THE COUNCIL.+

IT CANNOT BE RULED OUT THAT THERE WOULD BE OCCASIONS WHEN THERE IS GENUINE NEED FOR CONFIDENTIALITY TO BE KEPT ABOUT MATTERS COMING BEFORE A SELECT COMMITTEE. AN EXAMPLE WOULD BE WHERE THE REPUTATION OF INDIVIDUALS COULD BE JEOPARDISED. ANOTHER EXAMPLE WOULD BE ON MATTERS RELATING TO CONFIDENTIAL COMMERCIAL INFORMATION OR THE PUBLICATION OF FINANCIAL OR COMMERCIAL INFORMATION WHICH MIGHT UNDULY AFFECT THE STOCK MARKET, A GOVERNMENT SPOKESMAN SAID.

HE NOTED THAT STANDING ORDERS AND AMENDMENTS TO THEM WERE MADE BY RESOLUTION OF THE LEGISLATIVE COUNCIL AND WERE DESIGNED TO REGULATE THE COUNCIL'S OWN PROCEEDINGS. +THEY HAVE EVOLVED AS A RESULT OF LONG EXPERIENCE BOTH IN HONG KONG AND ELSEWHERE AND HAVE WORKED WELL IN PRACTICE, HE SAID,

AT THE SAME MEETING, CONSEQUENTIAL AMENDMENTS WILL BE MADE TO THE STANDING ORDERS TO DELETE REFERENCES TO THE OATH OF ALLEGIANCE.

FOLLOWING THE ENACTMENT OF THE OATHS AND DECLARATIONS (AMENDMENT) ORDINANCE, LEGISLATIVE COUNCILLORS NOW HAVE THE CHOICE OF AN ALTERNATIVE OATH WHICH THEY MIGHT PREFER WHEN THEY TAKE UP THE IR SEATS.

THE SPOKESMAN