TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 53

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Freedom of

speech and debate.

Immunity from

legal proceedings.

Freedom from

arrest.

Service of civil process and

exemptions.

(Cap. 3.)

Evidence of

Council or any

committee not

LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL

(2) The President may, by notice published in the Gazette, order that any part of a building, forecourt, yard, garden, enclosure or open space referred to in the definition in subsection (1) of “precincts of the Chamber" shall be excluded from that definition, either generally or for a specific purpose and either temporarily or permanently.

3.

PART II

PRIVILEGES AND IMMUNITIES

There shall be freedom of speech and debate in the Council or proceedings before a committee, and such freedom of speech and debate shall not be liable to be questioned in any court or place outside the Council.

4. No civil or criminal proceedings shall be instituted against any member for words spoken before, or written in a report to, the Council or a committee, or by reason of any matter brought by him therein by petition, Bill, resolution, motion or otherwise.

5.

No member shall be liable to arrest

(a) for any civil debt (except a debt the contraction of which constitutes a

criminal offence) whilst going to, attending at or returning from a sitting of the Council or a committee;

(b) for any criminal offence whilst attending at a sitting of the Council or a

committee.

6. (1) No process issued by any court in Hong Kong or elsewhere in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Chamber while the Council is sitting, nor shall any such process be served or executed through the President or any officer of the Council unless it relates to a person employed within the precincts of the Chamber.

(2) Except by leave of the Council obtained in accordance with the Standing Orders, no member shall be required to attend as a witness in any civil proceedings on a day when the Council is sitting.

(3) A member shall be exempted from service as a juror in accordance with section 5 of the Jury Ordinance.

7. (1) No member or officer of the Council, and no person employed to take proceedings in the minutes or keep any record of evidence before the Council or a committee, shall give evidence elsewhere in respect of the contents of such minutes or record of evidence, or of the contents of any document laid before the Council or committee, as the case may be, or in respect of any proceedings or examination held before the Council or committee, as the case may be, without the special leave of the Council.

to be given without leave.

Regulation of admittance to precincts of the Chamber.

(2) During a recess or adjournment of the Council, the special leave referred to in subsection (1) may be given by the President or, if the President is unable to act owing to his absence from Hong Kong or incapacity, in accordance with the Standing Orders.

8. (1) Subject to this section, sittings of the Council shall be open to the public.

(2) The right of persons other than members or officers of the Council to enter or remain within the precincts of the Chamber shall be subject to the Standing Orders or any resolution of the Council limiting or prohibiting the enjoyment of such right.

(3) The President may from time to time, for the purpose of maintaining the security of the precincts of the Chamber, ensuring the proper behaviour and decorum of persons therein and for other administrative purposes, issue such administrative instructions as he may deem necessary or expedient for regulating the admittance of persons (other than members or officers of the Council) to, and the conduct of such persons within, the Chamber and the precincts of the Chamber.

LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL

(4) Copies of administrative instructions issued by the President under sub- section (3) shall be duly authenticated by the Clerk and exhibited in a conspicuous position in the precincts of the Chamber; and such copies when so authenticated and exhibited shall be deemed to be sufficient notice to all persons affected thereby.

9.

PART III

EVIDENCE

witnesses.

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(1) The Council or a standing committee thereof may, subject to sections Power to order 13 and 14, order any person to attend before the Council or before such committee attendance of and to give evidence or to produce any paper, book, record or document in the possession or under the control of such person.

(2) The powers conferred by subsection (1) on a standing committee may be exercised by any other committee which is specially authorized by a resolution of the Council to exercise such powers in respect of any matter or question specified in the resolution.

10. (1) Where any person is lawfully ordered to attend to give evidence or to produce documents before the Council or a committee, he shall be notified by a summons issued under the hand of the Clerk by direction of the President.

(2) In every summons issued to any person under subsection (1) there shall be stated the name of that person and the time when and the place where he is required to attend and the particular documents (if any) he is required to produce, and the summons shall be served on him either by delivering to him a copy thereof or by leaving a copy thereof at his usual or last known place of abode in Hong Kong with some adult person.

(3) A summons issued under this section may be served by an officer of the Council or by a police officer or any public officer.

Attendance to be notified by

summons.

11. (1) The Council or a committee may require that any facts, matters and Witnesses may be things relating to the subject of inquiry before the Council or such committee be examined on oath. verified or otherwise ascertained by the oral examination of witnesses, and may cause any such witnesses to be examined upon oath.

(2) An oath required to be taken under this section may be administered by the Clerk or by any other person appointed by the Council for that purpose or, in the case of a witness before a committee, by the chairman of the committee or by the member presiding in the absence of the chairman.

12. (1) Where a person to whom a summons is issued under section 10 does not attend before the Council or the committee at the time and place stated therein, the President may, if satisfied that the summons has been duly served or that such person has wilfully avoided service, direct the Clerk to issue a warrant in the prescribed form to apprehend him and bring him, at a time and place stated in the warrant, before the Council or committee, as the case may be.

(2) Where a warrant is issued under this section, the President may, by ordering an appropriate endorsement on the warrant, direct that the person named in the warrant be brought before a magistrate after arrest and released on entering into such recognizance for his appearance before the Council or committee as may be specified in the endorsement.

(3) A warrant issued under this section shall be executed by a police officer. (4) A magistrate may, when a person is brought before him under subsec- tion (2), release that person upon his entering into such recognizance as may be specified in the endorsement on the warrant.

(5) Every warrant and every endorsement on such warrant purporting to bear the signature of the Clerk under this section shall be deemed, unless the contrary is proved, to have been issued or made under the direction or order of the President under this section.

Power to issue warrant to compel attendance.