TNAG-1366-FCO40-1812-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 104

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DRAFT SPEECH BY HON MARIA TAM, OBE, JP

LEGISLATIVE COUNCIL

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12.6.85

Legislative Council (Powers and Privileges) Bill 1985

63

Sir,

The Sino-British Joint Declaration on the future of Hong Kong was ratified on the 27th of May 1985 and we have moved into the "transitional period". In 4 months' time there will be 24 elected representatives of the people of Hong Kong joining the Legislative Council and in 12 years' time this territory will be governed by an elected legislature.

By then

it will neither be appropriate or possible for the SAR Government to look to Westminister and seek reference to its Parliamentary practice on how to manage the affairs of the Hong Kong legislature. It will be necessary therefore to enact our

own rules.

The Legislative Council (Powers and Privileges) Bill is introduced to enact such rules in Hong Kong by an ordinance. It is a codification of existing common law and Parliamentary practice which can be extended or has already been extended to the Hong Kong legislature under the doctrine of inherent necessity. Also, Section 4 of the Oaths and Declarations Ordinance Cap 11 provides: "the Legislative Council and any committee thereof may administer any oath to a witness examined before the Council or Committee, and for that purpose shall have the same powers, rights and privileges as are possessed or exercisable by the House of Commons of the United Kingdom or any committee for enforcing the attendance of witnesses and punishing persons guilty of contempt" and it forms the legal basis for the Clauses on Evidence in Part III, and Clauses 17 and 18 under part IV of this Bill.

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