TNAG-1366-FCO40-1812-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 30

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TRANSLATION

DRAFT SPEECH BY HON MRS PAULINE NG

LEGISLATIVE COUNCIL

26.6.85

Legislative Council (Powers and Privileges) Bill 1985

Committee Stage

Sir,

I move that Clause 16 concerning. the limitation on

privilege against incrimination of self or spouse be amended as

set out in the papers circulated to Members. As I have pointed

out during the Second Reading of the bill, the wording of the original version of Clause 16 may give people the wrong impression that the witness giving evidence in the Legislative Council enjoys an immunity from prosecution. This provision is now amended along the lines of Section 44A of the Supreme Court Ordinance.

I also move that Clause 19 (a) be deleted as set out in the papers circulated to Members. As regards Clause 19 (b), the

Hong Kong Bar Association, when commenting on the amended bill, has indicated that to regard "insults" of Legislative Councillors by the public as criminal offences is likely to hamper the freedom of speech in Hong Kong. I agree to this comment, and accordingly move that Clause 19 (b) be amended so as to delete the word "insults" from this Clause as set out in

the papers circulated to Members. In addition, the Hong Kong Bar Association is of the opinion that the meaning of the words "or expected to be brought" in Clause 19 (b) is ambiguous. also agree to this comment, and therefore propose that the words "or expected to be brought" be deleted from this

provision.

I

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