TNAG-1397-FCO40-1869-Future-of-Hong-Kong-Basic-Law-1985 — Page 237

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Some people say that the Legislative Council (Power &

Privileges) Bill was drafted on the basis of the traditional operation

and procedures of the British Parliament. The increase of powers on

the part of the Parliament and the Chairman of the Parliament was

aimed at counterbalancing the all-mighty power of the king and

protecting the freedom of the general public. But I don't think this

is the case at present. Under the Legislative Council (Powers &

Privileges) Bill, the powers of the President of the Legislative Council

and the Council itself have already exceeded that of the "Parliament",

For instance, the President and officers of the Legislative Council are

not subject to the jurisdiction of courts in respect of the execution

of their duties; the President can still exercise the powers conferred

on him by the Ordinance in question even though the Legislative Council

is dissolved. There exists a danger that the powers of the President

of the Legislative Council will be expanded to such a degree that they exceed the powers of the courts, which means that the President is free from any supervision and restrictions and the check and balance of power among the legislative, executive and the judicial bodies of the government will be undermined.

Why does the Legislative Council have to enjoy powers so immense which even the British Parliament cannot enjoy? It turns out that the first draft of the Bill was copied from the laws of several British colonies, namely, Jamaica (1945), Kenya (1952), North Rhodesia (1956), Gibraltar (1964) and Seychelles (1975). It is beyond doubt that these laws were a measure taken by the British Government before with- drawal for the future control of its colonies. As a matter of fact, the laws were not only directed against the opposition parties, but were also intended to nurture a pro-British group and to expand speedily the power

of the legislative body. It is thus not so simple as changing the

unwritten laws into written laws.

The political legacy and structure left over to the local people by the British upon their withdrawal seemed to contain no positive factor. They always negatively oppressed the interests and strength of the majority and allowed a minority of people to enjoy privileges. They