TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 108

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Finally, there um criticism at the Bill is not a mere codification exercia but now offence. Inv. boch treated, and new powers bestowed upon the legislative Council unier Clause 24. Wo hold a further sension working on Clause 24 with the law Driftsman and the Attorney General to identify the arear we have codified and the areas covered by section 4 of Cap. 11. This is an exercise which we had carried out already once before the bill was gazetted. It was explained to us again that Claus. 24 falls within the scope of what is "inherently

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nece: ry" to a colonial legislature and the court in Hong Kong will be extremely unlikely to question the exercise of such powers conferred on the Council under this ordinance. However, in order to ensure that the new Legislative Council doce not enjoy more powers than we have already, an umoniment will be introduced to exclude the courts' jurisdiction under Cause 24 on the lawful exercise of such powers and the corresponding clausos, i.e, Claunes 10, 13, 14(1) and 70 will be amended accordingly. In fact in this Bill, there has never hoen the

/intention or

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