TNAG-1366-FCO40-1812-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 26

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I have in my speech on the Second Reading of this bill

explained that we had asked for the amendment to Clause 24 although it has been explained to the Ad Hoc Group on two

occasions that the original Clause 24 is a codification of what

is inherently necessary to a colonial legislature and that the

courts are extremely unlikely to question whether the

President, Council or officers of the Council have exercised

such powers lawfully.

It is

This amendment will achieve the objective of

subjecting the exercise of the Legislative Council's house keeping and investigatory powers to the courts scrutiny. also the overriding clause under which the "usage and practice"

and the "resolution of the Council" under Clause 15 must

operate.

une

une of the comments made by the Bar Association and

the Law Society was that the combined effect of clauses 15 and 24 resulted in an ambiguity.

It was said that clause 24, which ousts the

jurisdiction of the courts where this Council has exercised its

powers "lawfully", gave rise to ambiguity as to the powers given to the Council to decide on matters of privilege under

Clause 15.

In fact, a careful reading of both clauses reveals no ambiguity and no inherent inconsistency. Clause 15 is concerned with rights relating to matters of evidence. The intention of this clause is to enable unusual questions, if no specific provision has been made which offers a solution, to be

resolved by looking at the usage and practice of this Council

both before and after the enactment of the Bill.