TNAG-1366-FCO40-1812-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 82

The

proceedings againet 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 membera,

Then I have to deal with 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 (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.

Then

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 atagu

at Committed Stage it was Timbe 24, that Clause 23/1s an overriding provision in this bill

and that Clause 15 must be read with that proviso in

mind.

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