TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 112

Translation

DRAF DRAG CRY BY HON PAULINE UG

This draft is subject

LEGISLATIVE COUNCIL

1

12.6.85

subject to amendment and Legislative Council (Powers and

Council (Powers and Privileges) Bill 1985

must noc

without being checked against the speech.

SIC,

as delivered by the speaker.

Clause 16 (1)

...

he BITT states that every witness

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before the Council or a committee who answers fully and faithfully any question or questions put to him by the' Council or such committee shall be entitled to a cortificate, signed by the clerk or chairman of the committeo, stating that he has done so to the satisfaction of the Council or the committee, And, in accordance with the provisions of Clause 16(a) of the Bill, upon production of such a certificate in Court, the Court shall stay any proceedings against him whether civil or criminal arising out of that statement, But the witness will certainly not be protected by the Bill if he has made a false statutory declaration or given a false statement.

The wording of Clause 16 of the current Bill may give people the wrong impression that the witness enjoys an immunity from prosecution and that even if there is independent evidence, the witness cannot be brought to justice. Hence, Clause 16 should be amended to stipulate that the statement made by a witness to the Legislative Council cannot be used as evidence at Court in a charge of criminal offence or civil liabilities against him, but he may still be prosecuted if there is other evidence to prove that he is guilty of such an offence. may also be amended along the lines of Section 44A of the Supreme

This provisio Court Ordinance.

In addition, Clause 19 (a) of this Bill can also be deleted as it is similar to Section 4 of the Prevention of Bribary Ordinance (Cap 201). Some mombers of the legal profession have criticized that there is no provision in the Bill to prevent Legislative Councillors from "accepting advantages". As a matter of fact, Logislative Councillors are included in the definition of "public servants" referred to in the Prevention of Bribery Ordinance, and are already restricted by law to receive advantages

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