TNAG-1366-FCO40-1812-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 34

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The

proceedings against an individual member who has made

written reports or petitions, bills, resolutions,

motions etc. to the Council or committee.

privilege is enjoyed by the members. There is a

distinction between the two and both clauses should

remain. As to the second point, it may be more appropriate to deal with it under a code of conduct

for members.

(2) Clause 7(2): It is suggested that the President's

power under this Clause 7(2) is too wide because

without his giving special leave no person can give

evidence in court in respect of the contents of the

minutes or records of evidence given before the

Council or its committee. As I have mentioned before

it is envisaged that the President of the Council will

be elected by members of the Council and he should be

trusted to exercise his discretion to grant such

special leave according to the practice of the Council

under Clause 7(1). In any event his acts will be

subject to the scrutiny of members so that he will be

obliged to use his discretion reasonably and

judiciously. Hence no amendment is proposed.

(3) Clause 15: There were questions as to what is the

"usage and practice" of the Council and the

relationship between the new Clause 23 and the words

"any resolution of the Council". The usage and

practice of the Council has been illustrated by the

Hon Andrew SO on the 12th of May 1985. As to the

latter point I have explained at the committee stage

that Clause 23 is an overriding provision in this bill

and that Clause 15 must be read with this proviso in

mind.