TNAG-2217-FCO40-3184-Constitutional-development-in-Hong-Kong-1991 — Page 32

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include, LegCo Members, they detract from the efficiency of LegCo Committees by adding to the excessive committee burden of Members.

13.

I would like to see LegCo achieve the status of a major institution at the heart of Hong Kong's life with its own identity, which is greater than the individual Members who at any one time make it up. To do so it must be able to set its own budget, recruit its own staff, to make an independent judgement, and to determine its own procedures and practices. LegCo should conduct its own Parliament to Parliament relationships.

14.

The Administration will have to learn to live with this institution. It must respect its separate identity and devote considerable effort to cultivating it.

15.

RECOMMENDATION B.

STRENGTHEN THE OFFICE OF THE

PRESIDENCY. The Governor will shortly appoint a Deputy President who will take the chair on all except the most important and ceremonial occasions. We must ensure that he has the necessary authority ie. :-

16.

a) his rulings should be based on the will of LegCo as

expressed in rules debated and agreed by the Council.

b)

c)

All LegCo's Staff, including the Clerks, committee secretaries, security and administrative staff should report to him. However, Members personal staffs should be recruited and directed by Members themselves.

Among the Parliaments I have studied it is the universal practice that the President is a person of high standing who can command the respect and support of Members. I commend the British practice whereby the Speaker is someone who has reached the apex of his career, who has no ambition to further positions, where he may be involved in controversy. I dislike the Congressional practice whereby the speaker is a partisan figure who is elected by the majority party.

In Canada I learnt that the current Speaker of the House of Commons is the first to be elected following abolition of the practice whereby the Speaker was appointed by the Prime Minister. Significantly an observer commented that the elected Speaker is the first he has seen who is at ease with himself. This suggests the need to elect LegCo's President as soon as possible.

17.

As soon as practicable I suggest the President/Deputy President should perform these functions where an independent judgement is desirable e.g. Chairing a commission on electoral boundaries, on electoral law etc. This is practice

in UK.