TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 129

GRS 600

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG 14122OZ JUN 35

TO IMMEDIATE F C O

TELEGRAM NUMBER 1179 OF 14 JUNE

INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON

TOP

11/12

HKK 011

RECEIVED IN REGISTKY

17 JUN1985

FOR HONG KONG DEPT.

DEST

INDEX

PA

LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL 1985

cki

WE UNDERSTAND FROM MEDIA REPORTS THAT THE POWERS AND PRIVILEGES

BILL HAS BEEN RAISED IN THE UNITED KINGDOM BY, AMONG OTHERS, THE

SHADOW ATTORNEY GENERAL. IN DEALING WITH ANY CRITICISMS WHICH MAY

BE BROUGHT TO YOU, YOU MAY WISH TO HAVE A STATEMENT OF THE UNDERLYING

PHILOSOPHY AND PRECEDENTS FOR THE TWO MOST CONTROVERSIAL ELEMENTS OF

THE BILL, CLAUSES 17 (D) AND 20 EVEN THOUGH WE NOW PROPOSE TO DROP

THESE. THE BACKGROUND IS SET OUT BELOW AS ARE A NUMBER OF EXAMPLES FROM COMMON LAW JURISDICTIONS WHICH HAVE ENACTED SIMILAR PROVISIONS. THE FULL TITLES OF THE ORDINANCES CONCERNED ARE:

(A) SEYCHELLES ORDINANCE NO 15 OF 1975:

(B) THE LEGISLATIVE COUNCIL AND HOUSE OF REPRESENTATIVES (POWERS AND PRIVILEGES) ACT OF JAMAICA:

(C) THE NATIONAL ASSEMBLY (POWERS AND PRIVILEGES) ACT OF ZAMBIA:

(D) THE LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) ORDINANCE OF

NORTHER RHODESIA:

(E) LEGISLATIVE COUNCIL POWERS AND PRIVILEGES ORDINANCE OF GIBRALTAR:

(F) THE PARLIAMENT (PRIVILEGES, IMMUNITIES AND POWERS) ACT OF

SINGAPORE:

(G) THE NATIONAL ASSEMBLY (POWERS AND PRIVILEGES) ACT OF KENYA.

2. BACKGROUND AND MODELS FOR ASPECTS OF THE BILL:

T

(A) CLAUSE 17(D): THE OFFENCE OF INTENTIONAL DISRESPECT'' SEEMS

NOT TO BE BASED ON ANY PARTICULAR REFERENCE IN ESKINE MAY, ALTHOUGH

ON PAGE 152, THERE IS REFERENCE TO INDIGNITIES WHICH OBSTRUCT

THE HOUSES IN THE PERFORMANCES OF THEIR FUNCTIONS BY DIMINISHING

THE RESPECT DUE TO THEM** WHICH MAY HAVE PROVIDED THE MODEL FOR THIS

OFFENCE WHICH FEATURES IN CLAUSE 19(A) OF THE SEYCHELLES, ZAMBIA, NORTHERN RHODESIA AND GIBRALTAR LEGISLATION:

(B) CLAUSE 20(A) (LIBEL ON THE COUNCIL OR A COMMITTEE) PROCEEDINGS

THEREAFTER ..): THIS CLAUSE DERIVES FROM ERSKINE MAY PAGE 152 AND IS SIMILAR TO THE SEYCHELLES (CLAUSE 25(B)), JAMAICA (CLAUSE 18(H)), ZAMBIA (CLAUSE 25(E)), NORTHERN RHODESIA (CLAUSE 25(3)), GIBRALTAR

(CLAUSE 22(B)), SINGAPORE (CLAUSE 30 (H) AND (N)) AND KENYA (CLAUSE

18 (H)) LEGISLATION:

STRY

on Taken

CONFIDENTIAL

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