TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 164

9

section 13:

section 14:

section 15:

If the witness does not obey the order for his attendance he may be ordered to be sent for in custody of the Serjeant at Arms, and Mr. Speaker may be ordered to issue his warrant accordingly."

It provides a procedure for dealing with objections on the part of witnesses to questions put in the course of examination before the Council or a committee. May (pp. 746, 747) states

Erskine

"A witness who is unwilling to answer a question, after stating why he desires to be excused from answering, may appeal to the chair whether in the circumstances, for the reason stated by him, he ought to

answer.

or

If a question should be objected to, or if any difference should arise in regard to the examination of a witness, he is directed by the chairman to withdraw, and the committee proceeds to consider the matter. When the committee has come to a decision the witness is again called in, and the examination proceeds."

It gives witnesses similar protection to that available in a court, and restricts the right of the Council or a committee to require the discovery of files dealing with defence or security, or HMG's responsibilities (apart from the administration of Hong Kong by the Hong Kong Government). Erskine May (p. 746) states

"A question put to a witness may be objected to by a Member. Questions are usually objected to for much the same reasons as those offered by parties or their counsel in a court of law, but Members are not confined to objections of this description."

It preserves past practice (derived from the House of Commons), as modified by resolution of the Council, for the purpose of determining questions affecting matters of evidence.

It accords with the principle of inherent necessity referred to above under section 3.