- 5 -
performing their proper functions, and holding the local community at ransom, knowing that the basis of acceptance of the TSA concept is the residents' wish to have an improved transport service to and from the North-west New Territiories.
Another important constitutional aspect arising out of such a statement is whether the amendments are made within the powers of the Legislative Council. If the Bill requires the approval of this Council, the KCRC should be aware that any prior agreement made by the Corporation with the Government would be a conditional agreement subject to approval by this Council through the normal legislative procedure. If that is the case, I can see no reason why the Government should be subject to threat of compensation by the KCRC as a result of amendments made to the Bill. If in the event that the KCRC does have a right to claim compensation, it would in effect mean that a binding agreement has been reached between the Government and the KCRC before approved by this Council. In that respect, the question of ultra vires may
arise.
Lastly, I want to reiterate the need for better monitoring of the KCRC management to ensure that the interests and
In this connection, well-being of the public are well-protected.
a better representation on the Board of Directors of the KCRC
should be made.
Sir, despite a few drawbacks, the Bill on the whole deserves the support of the community. Experience tells us that we cannot have the best of both worlds. In closing, may I stress that the faith and trust of the residents of the North-west New Territories in the Government and the KCRC in undertaking the LRT project to provide an efficient and affordable transport service cannot be measured in terms of dollars and cents.
Subject to the amendment which I shall move in committee stage, Sir, I support the motion.
No comments yet.
Private notes are available after approval.