TNAG-1366-FCO40-1812-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 27

he

If a situation should arise where guidance is needed

to the past, it is abundantly clear that

by reference bacmit this Council to act, even if it desired

clause 15 would

to do so which is manifestly unlikely, on some alleged usage and practice which never in fact existed at any time. If 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.

That is only one example of the way Clause 24 is 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 suggested that Clause 24 should be deleted altogether, we feel that the more practical approach and the majority view on this point should be taken and Clause 24 be amended accordingly.

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