TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 132

3. ''THERE IS ANOTHER REASON WHY WE NEED TO PROCEED WITH THIS LEGISLATION AT THIS TIME, BEFORE THE NEW COUNCIL MEETS IN THE

AUTUMN. WE STAND NOW AT THE BEGINNING OF A PROCESS OF CONSTITUTIONAL

CHANGE STARTING WITH THE ELECTION OF 24 MEMBERS TO THIS COUNCIL NEXT

SEPTEMBER BUT ALTHOUGH THE PROCESS OF CONSTITUTIONAL CHANGE HAS BEGUN

THE RESPONSIBILITIES OF THE COUNCIL AS A WHOLE WILL NOT CHANGE.

THOSE RESPONSIBILITIES, PRIMARILY THE PASSING OF ALL NECESSARY LEGISLATION AND THE APPROPRIATION OF FUNDS FOR PUBLIC PURPOSES,

ARE ALREADY DEFINED. BUT, AS THE COUNCIL ACQUIRES AN ELECTED ELEMENT, THE RESPONSIBILITIES PLACE UPON ITS INDIVIDUAL MEMBERS WILL INDEED CHANGE, FOR THOSE MEMBERS WILL BE DIRECTLY ACCOUNTABLE

TO THE COMMUNITY FOR THE ADEQUATE AND PROPER FULFILMENT OF THEIR

DUTIES IN THE COUNCIL. IT IS TO ENSURE THAT THE FUTURE MEMBERS OF THIS COUNCIL HAVE BEFORE THEM, WHEN THEY TAKE OFFICE, A STATEMENT OF POWERS AND PROTECTION THEY HAVE, SO AS TO BE ABLE TO MEET THEIR

OBLIGATIONS AND RESPONSIBILITIES TO THE COMMUNITY, AND SO AS TO

ENSURE THAT THE COMMUNITY CAN BE SATISFIED THAT ITS REPRESENTATIVE

HAVE SUFFICIENT POWERS WITH WHIC TO PROTECT NOT THEIR OWN

INDIVIDUAL INTERESTS BUT THOSE OF THE COMMUNITY THEY SERVE: THAT

IS WHY IT IS NECCESSARY NOW TO SET DOWN IN LAW A CLEAR STATEMENT

OF THOSE POWERS.''

4. ''IT IS ALSO FITTING THAT THIS SHOULD BE DONE AS THE

LEGISLATIVE COUNCIL IS ABOUT TO MOVE INTO ITS OWN PREMISES.

UNTIL NOW, WITH THE COUNCIL HOUSED IN THIS SERETARIAT BUILDING,

THERE HAS NOT BEEN A BUILDING OCCUPIED EXCLUSIVELY BY THE

MEMBERS OF THE LEGISLATIVE COUNCIL. THAT WILL BE NO LONGER THE

CASE IN OCTOBER WHEN THE COUNCIL MOVES DOWN FROM THIS BUILDING

AND TAKES ITS PLACE IN THE CENTRE OF OUR CITY. IT IS THEREFORE

NECESSARY TO HAVE SET OUT CLEARLY IN THE LAW OF HONG KONG THE

AUTHORITY OF THE LEGISLATIVE COUNCIL THROUGH ITS PRESIDENT TO

REGULATE THE CONDUCT OF MEMBERS OF THE PUBLIC ADMITTED TO THE

NEW COUNCIL CHAMBER, TO COMMITTEE ROOMS AND TO ROOMS SET ASIDE

FOR MEMBERS OF THE PUBLIC TO MEET MEMBERS OF THIS COUNCIL.'

་

5. WE ARE THEN, CONCERNED TODAY WITH THE SECOND READING OF

A BILL WHICH SEEKS TO ASSERT THE STATUS OF THE LEGISLATIVE

COUNCIL UNDER THE LAWS OF HONG KONG, WITH REGARD TO THE QUESTION

OF THE PHILOSOPHY OF THE BILL, AS THE COMMENTATORS WOULD PUT IT,

I THINK IT FAIR TO POINT OUT THAT JUST AS THE PROVISIONS OF THE

BILL ARE DERIVED FROM THE EXISTING LAW, SO THE PHILOSOPHY OF THE

BILL REFLECTS THE PHILOSOPHY OF THE LAW. AND THAT LAW IS PARLIA-

MENTARY LAW. IT IS NOT THE CASE THAT THE BILL PROPOSES TO

INTRODUCE PARLIAMENTARY LAW IN A SITUATION WHERE IT IS NOT ALREADY

PRESENT. THE ESSENTIAL POINT THAT MUST BE EMPHASISED IN THAT

PARLIAMENTARY LAW IS NOW BEING AND HAS LONG BEEN APPLIED IN HONG

KONG IN RESPECT OF THIS COUNCIL. I AM ADVISED AND I ACCEPT THAT

IN THE CONTEXT OF HONG KONG THIS BILL IS A FAITHFUL REFLECTION

OF THAT LAW AND THE EXISTING SITUATION: IT DOES NOT INTRODUCE NEW

LAW.''

CONFIDENTIAL

16.