TNAG-1441-FCO40-1925-Constitutional-development-in-Hong-Kong-1987 — Page 188

TECHNICAL SIGNIFICANCE ONLY. LEGCO HAS RETAINED FOR ITSELF IN SECTIONS 34 AND 35 OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE (CAP. 1), THE POWER TO INTERVENE AND AMEND THIS

EGISLATION ONCE IT HAS BEEN MADE.

3. THE FIRST OF OUR PROPOSALS IS A BILL TO AMEND S. 34 OF CAP. 1 SO AS TO ALLOW GREATER FLEXIBILITY IN THE PROCEDURES. THE PRESENT PROCEDURE WHICH ALLOWS LEGCO ONLY ONE OPPORTUNITY TO AMEND (1.E. BY A RESOLUTION MOVED AT THE FIRST SITTING OF LEGCO HELD NOT LESS THAN 27 DAYS AFTER THE LEGISLATION IS LAID) HAS BEEN FOUND TO BE UNDULY RIGID. THE BILL, WHICH WILL BE PUBLISHED ON 13 JUNE, WILL PROVIDE OPPORTUNITIES TO AMEND AT ANY SITTING HELD WITHIN 49 DAYS OF THE SUBSIDIARY LEGISLATION BEING LAID. THIS CHANGE IS BEING INTRODUCED ON PURELY PRACTICAL GROUNDS AND DOES NOTHING TO ALTER THE EXISTING RELATIONSHIP BETWEEN LEGCO AND THE SUBSIDIARY LAW

MAKING BODIES.

4. THE SECOND PROPOSAL IS TO AMEND THE STANDING ORDERS OF LEGCO SO AS TO AFFORD GREATER OPPORTUNITIES TO MEMBERS TO SPEAK IN LEGCO ON SUBSIDIARY LEGISLATION STANDING ORDERS PRESENTLY PROVIDE THAT MEMBERS MAY SPEAK ONLY WHEN AN AMENDMENT IS TO BE MOVED. THE RESOLUTION TO AMEND, WHICH IS LIKELY TO BE MOVED ON 9 JULY, MAKES IT POSSIBLE FOR A MEMBER TO ADDRESS THE COUNCIL ON ANY TIME OF SUBSIDIARY LEGISLATION LAID BEFORE IT WHETHER AN AMENDMENT

IS PROPOSED OR NOT.

5. COMMENT:

STANDING ORDERS BECAME CONTROVERSIAL LAST YEAR WHEN THE SUBJECT BECAME EMBROILED IN THE PUBLIC DEBATE ON THE POWERS AND PRIVILEGES BILL AND THE SUSPICION WAS VOICED THAT WE WOULD AMEND STANDING ORDERS TO AS TO EXTEND THE POWER OF LEGCO BY THE BACK DOOR AND TO TAKE BACK FROM THE PUBLIC RIGHTS CONFERRED BY THE BILL (E.G. RIGHTS OF ACCESS TO THE CHAMBER). WE ARE ANXIOUS NOT TO REVIVE THIS CONTROVERSEY AND HAVE ABANDONED A PLAN TO CARRY OUT A WIDE

RANGING REVIEW OF STANDING ORDERS. INSTEAD WE PLAN TO AMEND PIECEMEAL AS AND WHEN A PRACTICAL NEED IS DEMONSTRATED. THIS AMENDMENT IS AN EXAMPLE OF THAT APPROACH AND IS THE FIRST TO BE

MADE IN THE CURRENT SESSION.

6. A COPY OF THE EXCO MEMORANDUM EXPLAINING THE PROPOSALS (XCC (86)99) IS BEING DESPATCHED BY BAG. THE FCO ALREADY HAS A

COPY.

YOUDE

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