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DRAFT SPEECH BY DR HON HO KAM FAI, OBE, JP LEGISLATIVE COUNCIL 26.6.85
Legislative Council (Powers & Privileges) Bill 1985
Committee Stage Amendments
sir,
I move that clauses 13 and 14 be amended as set out in
the paper circulated to Members.
The insertion of the word 'lawfully' in both Clauses is consequential to the amendment to Clause 24 which my Hon colleague Maria TAM will move; whereas the addition of 'subject to Section 16' in Clause 14 (1) is to ensure consistency between the provisions under these two clauses.
The purpose of adding the parenthesis in Clause 13 is in response to public calls for qualifying the President's discretionary power and giving further protection to a witness giving evidence before the Council or a committee. With this amendment, the President shall be bound to excuse the witness from answering a question or producing a paper where such a question or paper is not relevant to the subject of enquiry.
As regards the right of legal representation, this is covered under Clause 14 (1) where it is stated that a witness shall be entitled "to the same right or privilege as before a court of law". This right or privilege already includes that of legal representation; hence, no amendment on this point is considered necessary.
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