TNAG-1366-FCO40-1812-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 8

CONFIDENTIAL

GRS 300

CONFIDENTIAL

FM HONG KONG 0810052 JUL 85

TELEGRAM NUMBER 1335 OF 8 JULY

TO PRIORITY F C O

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 OUT 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 BE NEEDED TO STANDING ORDERS TO PROVIDE FOR THE NEW LECCO WHICH WILL COME INTO BEING ON 30 UCTOBER. IT HAD BEEN 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 LECCO 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 DROUGHT 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 DE 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 IU ORDER TO FACILITATE THE WORK OF THE SELECT COMMITTEE IN THE TRIAL OF COMMERCIAL CRIME, THE BACKGROUND TO THIS IS THAT THE BAR 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 THAT PROVOKE A DAMAGING CONFRONTATION WE THEREFORE INTEND TO AMEND 30 53 SO AS TO PERMIT THE PUBLICATION OF EVIDENCE WHEN THE SELECT COMMITTEE MEETS IN PUBLIC. AT AMENDMENT ON THESE LIMES ILL BRING COK PROCEDURES INTO LINE WITH THOSE OF THE HOUSE OF COMMONS.

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4. A RESOLUTION TO AMEND SO'S 1, 6 11 AND 63 WILL THEREFORE BE MOVED AT THE SITTING OF THE LEGCO ON 10 JULY.

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5. IN COMMENTING ON THE AMENDMENT TO SO 63, THE SOUTH CHINA MORNING POST HAS POINTED OUT THAT THE ORDER IN ITS AMENDED FORM IS VERY SIMILAR TO THE ORIGINAL CLAUSE 20(C) OF THE POWERS AND PRIVILEGES BILL WHICH MADE IT A CRIMINAL OFFENCE TO PUBLISH, WITHOUT THE GENERAL OR SPECIAL LEAVE OF THE COUNCIL, A REPORT OF ANY PROCEEDINGS OF THE COUNCIL OR A COMMITTEE WHERE SUCH PROCEEDINGS HAVE NOT BEEN

HELD IN PUBLIC''. ALTHOUGHCLAUSE 20(C) WAS DELETED AT THE COMMITTEE

STAGE THE SCMP SUGGESTED THAT WE ARE NOW TRYING TO REINTRODUCE A

GAG ON PRESS FREEDOM VIA THE BACK DOOR. THIS IS OF COURSE A

CONSIDERABLE EXAGGERATION AND HAVE DRAWN THE SCMP'S ATTENTION TO

THE IMPORTANT DIFFERENCE THAT A BREACH OF THE STANDING ORDER WOULD

NOT BE A CRIMINAL OFFENCE, MERELY A CONTRAVENTION OF LEGCO'S HOUSE

RULES. NO PENALTY IS PROVIDED AND THE MOST THAT COULD HAPPEN IS

THAT THE SELECT COMMITTEE COULD INQUIRE INTO THE CIRCUMSTANCES AND, IF NECESSARY, CALL THE OFFENDER IN TO GIVE AN EXPLANATION.

AKERS-JONES

LIMITED

HKD.

PS.

P3 | MR LUCE

SIRW HARDING OR WILSON.

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