TNAG-1366-FCO40-1812-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 103

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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If a situation should arise whate guidance is needed

by reference back to the past, it is abundantly clear that

clause 15 would not permit this Council to act, even if it

IF

desired to do so which is manifestly unlikely, on some alleged usage and practice which never in fact existed at any time. this Council should ever see fit to act in that fashion, it would leave itself open to challenge in the courts on the basis that its action was not "lawful" within the meaning of Clause

24.

This is, only one example of the way Clause 24 IB intended to operate, though of course it applies in relation to other provisions as well as Clause 15. There is no degree of ambiguity about those two clauses and there is no basis for the comment made in that respect.

Although 2 out of 16 representations we received æggested that Clause 24 should be deleted altogether, we feel that the more practical approach and the majority view on this point should prevail and Clause 24 be amended accordingly.

Sir, I now move the amendment to Clauses 10(1) and 17(a) as consequential amendmenta to the Clause 24. I also mova an amendment to Clause 18 (1) to the effect that the appropriate level of imprisonment Abould be reduced from 3 years to 2 years.

And I beg to move.

IN US OF ALL SPFWHE

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