TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 91

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powers and privileges are to be implied which are necessary for the proper exercise of the functions of the legislative body. That principle was repeated only as recently in 1970 in a leading case in the Privy Council.

As the underlying principle of the Bill is to declare und codify the law, and not to effect any substantial change, clause 24 in its original form was open to objection as going heyond that mandate. Accordingly the Administration has agieod that an amendment will be made at the Committee Stage which will exclude the jurisdiction of the court only in respect of the lawful exercise of the powers conferred by the Bill or Standing Orders. This amendment will leave intact the Court's power of enquiry as to (1) whether the power in question exists and (ii) whether the exercise of that power is Jawful. This dichotomy is familiar to lawyers and preserves the Court's power of enquiry by the well established procedure of judicial review.

I am satisfied that with this amendment a fair balance will be struck between ensuring sufficient freedom of action for the Legislative Council so that it will not be hamstrung in the exercise of its powers, and the preservation of the citizen's right of access to the Courts to check the abuse of

power.

With these safeguards, I would support the motion.