TNAG-1366-FCO40-1812-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 54

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FM HONG KONG 081005Z JUL 25

TO PRIORITY F C O

TELEGRAM NUMBER 1335 OF 8 JULY

RECEIVED IN REGISTRY

- 8 JUL 1985

DONK OFFICER

66

INDER

FCO TELNO 905 AND HK TELNO 1229:

STANDING ORDERS OF THE LEGISLATIVE COUNCIL.

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IN THE COURSE OF THE PUBLIC DEBATE ON THE LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL, MEMBERS OF THE LEGAL PROFESSION CALLED FOR A COMPLETE REVIEW OF THE STANDING ORDERS OF LEGCO BEARING IN MIND THE NEED FOR OPEN GOVERNMENT'' THEY POINTED CUT THAT AMENDMENTS TO STANDING ORDERS WERE NOT SUBJECT TO PUBLIC SCRITINY. OTHER COMMENTATORS EXPRESSED THE FEAR THAT STANDING ORDERS MIGHT BE USED TO TAKE AWAY RIGHTS, INCLUDING THE PUBLIC RIGHT OF ACCESS TO THE CHAMBER, WHICH ARE CONFERRED BY THE BILL.

2. FOR SOME TIME WE HAVE BEEN CONSIDERING WHAT AMENDMENTS MIGHT SE NEEDED TO STANDING ORDERS TO PROVIDE FOR THE NEW LEGCO WHICH WILL COME INTO BEING ON 30 OCTOBER, IT HAD SEEN OUR INTENTION TO MOVE A RESOLUTION TO BRING SUITABLE AMENDMENTS INTO EFFECT BEFORE THE END OF THIS SESSION HOWEVER IN THE LIGHT OF THE DEDATE AND BECAUSE WE DO NOT WISH TO REVIVE ACCUSATIONS THAT WE ARE RUSHING MEASURES THROUGH WITHOUT ADEQUATE CONSULTATION, EXCO HAS DECIDED THAT IT SHOULD BE FOR THE NEW LEGCO TO DECIDE ON THE AMENDMENTS THAT SHOULD BE MADE, AND ON THE ARRANGEMENTS FOR PUBLICITY AND CONSULTATION. IN DUE COURSE, THE GOVERNOR, AS PRESIDENT, WILL CONSULTNZHE NEW COUNCIL ON THE PROCEDURES THAT SHOULD BE ADOPTED, INCLUDING THE POSSIBILITY OF FORMING A SELECT COMMITTEE. IN THE MEANTIME, MEMBERS OF THE PUBLIC WISHING TO COMMENT ON THE EXISTING STANDING ORDERS WILL BE INVITED TO DO SO IN WRITING TO US.

3. HOWEVER WE NEED TO MAKE SOME CHANGES TO MEET THE IMMEDIATE NEEDS OF THE COUNCIL. THESE ARE TO PROVIDE FOR MEMBERS TO TAKE THE ALTERNATIVE FORM OF OATH (THE LEGISLATIVE COUNCIL OATH) SPECIFIED IN THE OATHS AND DECLARATIONS (AMENDMENT) ORDINANCE WHICH WAS BROUGHT INTO FORCE ON 5 JULY. THIS OATH SHOULD DE AVAILABLE IN TIME FOR THE FIRST SITTING OF THE NEW COUNCIL ON 30 OCTOBER WHEN NEW MEMBERS WILL BE SWORN IN AND THEREFORE AMENDMENTS TO STANDING ORDERS 1, 6 AND 11 WILL BE REQUIRED. IN ADDITION WE SEE THE NEED TO AMEND SO 63 IN ORDER TO FACILITATE THE WORK OF THE SELECT COMMITTEE IN THE TRIAL OF COMMERCIAL CRIME. THE BACKGROUND TO THIS IS THAT THE SAR ASSOCIATION AND THE LAW SOCIETY HAVE RECENTLY DECLINED TO GIVE EVIDENCE TO THE COMMITTEE PENDING CLARIFICATION OF THE ORDER, WHICH CURRENTLY PROVIDES THAT EVIDENCE MAY NOT BE PUBLISHED UNTIL THE COMMITTEE HAS REPORTED TO THE FULL COUNCIL. RATHER THAN PROVOKE A DAMAGING CONFRONTATION WE THEREFORE INTEND TO AMEND SO 13 SO AS TO PERMIT THE PUBLICATION OF EVIDENCE WHEN THE SELECT COMITTEE MEETS IN PUBLIC. AN AMENDMENT ON THESE LINES WILL BRING OUR PROCEDURES INTO LINE WITH THOSE OF THE HOUSE OF COMONS.

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