CX-5
5
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However, as has been pointed out the law of libel already existe which protects Members As ordinary persons and there may be other laws which are relevant. The Government therefore, if Members are content, is prepared not to proceed with this clause. However the Administration, aa Mrs Selena Chow has drawn attention, continues to see merit in having provisions to guard against the disclosure of confidential information and proceedings, and will make an
examination of the extent to which these objectives can be achieved.
Clause 24 has been donounced on the ground that it excludes the j
the jurisdiction of the Courts in
relation to the manner in which
which the Council, its President and its officers exercise powers conferred by the Bill or Standing Orders, conferred by the Bill the Standing Orders. I do not think the true meaning and effect of clause 24 is quite БО far reaching as its critics have alleged.
The relationship between the Legislature and the Courts on the one hand, and the Executive on the other, is finely balanced. It has been the tradicion in Common Law jurisdictions that neither the Executive nor the Legislature should enter upon the sphere of responsibility
the Judiciary. The Judiciary likewise does not enact legislation. This is sometimes referred to as the doctrine of separation of powers. I do not intend to dwell on the scope of the doctrine except to remind members that it is not a new principle of constitucional law, and it is certainly not the subject of the provisions of this Bill.
Nor do I need to remind Members that Section II of Annex I
of the Joint Decloration on the future of Hong Kong states quite clearly that the laws previously in force in Hong Kong, that is to say the common law and other laws, shall be maintainod,
No comments yet.
Private notes are available after approval.