XN000022-1995-11-15 — Page 19

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I will not list all the issues but I will state that we see no need to readopt any of these powers, nor have we heard any convincing argument why this should be done in respect of these six Ordinances.

The New Territories Land (Exemption) Ordinance and the Legislative Council Commission Ordinance

I share certain Members' concern about the PWC Legal Sub-group's proposal to repeal the New Territories Land (Exemption) Ordinance and the Legislative Council Commission Ordinance.

The New Territories Land (Exemption) Ordinance does not remove the indigenous villagers' right to dispose of their property in the traditional way if they wish. It only removes the inhibition for women to inherit land in the New Territories in the case of intestacy. We do not consider that it contravenes Article 40 of the Basic Law.

As regards the Legislative Council Commission Ordinance, Members all know that the purpose of the Ordinance is to set up a LegCo Commission to provide administrative support and services to LegCo Members through the LegCo Secretariat, to provide office accommodation to LegCo Members and staff of the LegCo Secretariat and to supervise the operation of the Secretariat. This Council needs to have a Secretariat to provide administrative support. And so will the SAR legislature. Staff of the LegCo Secretariat are not civil servants. They are employed by the LegCo Commission. The PWC Legal Sub-group's proposal to repeal this Ordinance has created uncertainty over the future of the Secretariat. If it is endorsed. it will seriously affect the morale of the LegCo Secretariat staff and undermine the smooth operation of the Secretariat. This will not benefit anyone.

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