TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 158

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VI

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Part

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Part

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1.

Wlving of evidenc in Legislative Council and its

provide for offences in respect of the above

provide for other related matters including the jurisdiction of the courts in relation to the Legulative Council, the

the powers of the President and officers and the prosecution of offences.

The Ordinance is divided in 5 Parts as follows

Part IV

Part V

this Part comprises sections 1 and 2, and provides for its commencement and interpretation.

this Part comprises sections 3 to 8, and declares and defines the parliamentary privileges and immunities of the Council and its members.

this Part comprises sections 9 to 16, and defines the powers of the Council and its committees to call witnesses and to hear evidence. It provides also for the protection of witnesses and certain confidential material.

this Part comprises sections 17 to 20, and provides for offences including contempts.

: this Part comprises sections 21 to 27, and

deals with the matters referred to in paragraph 9 above.

It should D noted that the Ordinance repeals the power conferred the Council by section 4 of the Oaths and Declarations Ordinance (Cap. 11) to deal with breaches of privilege it. elf This restores the principle laid down in 1845 by the decision of the Privy Council in Kielly v. Carson 4 Moore PC 63 that colonial legislatures have no inherent power to punish for contempts without legislation

in that behalf.

11.

The consequence of abolishing the power of the Legislative Council

Council to deal with contempts and breaches of its privileges was that acts and statements and other conduct that under the former law would have come within the scope of that power, required to be dealt with in some other way that provided an effective and fair restraint. The Ordinance accordingly provides that such conduct may instead be dealt with by the courts and punished as offences under the Ordinance. The result is that, while the traditional protection are provided for, the Legislative Council no longer claims the right to act, as does Parliament, as judge in its GWH cause.