TNAG-1441-FCO40-1925-Constitutional-development-in-Hong-Kong-1987 — Page 189

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 (.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 LAND 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 SUSPICHON 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 HIS 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.

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