TNAG-2217-FCO40-3184-Constitutional-development-in-Hong-Kong-1991 — Page 28

THE LEGISLATIVE COUNCIL BUILDING AN ENDURING INSTITUTION A REPORT BY ALISTAIR LANG

Introduction

1.

Following an examination of the British, Canadian and Dutch Parliaments and the US Congress, discussions with several American State Legislators and with Academics at Oxford and Harvard Universities and at the Comparative Legislature Research Centre at the University of Iowa, and extensive research into the literature, I have concluded that LegCo's institutional, organisational and procedural arrangements might usefully be strengthened. In identifying a number of fundamental principles I have been careful to ensure that these are relevant to Hong Kong's unique culture and constitution.

Major Recommendations

2.1

Having regard to Hong Kong's unique culture and

constitution I recommend that

a)

b)

c)

a)

e)

immediate action be taken to emphasize the separateness of LegCo and to strengthen it as an institution. LegCo should be empowered to set its own budget, recruit its own staff and determine its own rules and administrative arrangements. should have access to its own research, independent, if need be, of the administration.

by September the control of LegCo's staff should be bought under the authority of the Deputy President. The Deputy President's authority should be founded in the will of the council.

the present OMELCO in-house meeting should be replaced by a LegCo-ExCo Liaison Committee jointly appointed by the Deputy President and Governor.

rules and procedures be devised and agreed to regulate the activities of LegCo, to protect the interests of Members, facilitate the work of the Administration, legitimize decisions, reduce conflict and distribute power. The work of devising rules should begin now.

following the appointment of the Deputy President, Committees should be formed under the authority of LegCo. The number of Committees should be reduced, perhaps by combining legislative and investigative committees. Legislative Committees should be encouraged to conduct public hearings as a means of building a consensus. Committees should be provided with the means to conduct their own research.