TNAG-2217-FCO40-3184-Constitutional-development-in-Hong-Kong-1991 — Page 35

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24.

In suggesting that LegCo submit itself to greater formality, I make three caveats.

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25.

a)

b)

c)

We should beware of over elaboration. In small legislature it should be possible to start with a simpler framework of rules than is necessary in a large one. To illustrate this point, compare the 495 seat US House of Representatives with the 100 seat US Senate. Whereas House rules run to 1,000 pages and 11 volumes of precedents that of the Senate runs to 67 pages and I volume of precedents.

We should not follow Westminster procedures too slavishly. Apart from providing for a relatively large body of 635 Members, their procedures are designed for an adversarial system of debate and depend for success on the ability of the governing party to set the agenda, obtain closure of debate, and to allocate time. We should therefore be prepared to draw also on other bodies such as the US Senate where the conduct of business depends on a consensus of Members.

A major consequence of rules is that they tend to distribute power. They may therefore become a source of conflict in themselves. Therefore we must build up a body of precedents in order to guide the President and Committee Chairman in solving disputes.

RECOMMENDATION E. BUILD EFFECTIVE COMMITTEE SYSTEMS. Much of the work of modern Legislatures is done in Committees. Thus we must design a system which provides for a sensible allocation of time and of the speedy and efficient disposal of business; in other words, a system which reflects the lessons drawn out in the previous section.

26.

It seems to be the frequent experience that where the party divisions are muted, committees are strong, the classic example being the US Congress. My guess is that in practice Hong Kong's newly emergent parties will operate a very light whip for the conduct of day to day business, being guided by the Hong Kong desire for consensus. I therefore foresee a strong role for our Committees, which will bring prestige and influence to their members.

27.

A common experience is that the Committee burden becomes excessive and that Legislatures then move to limit it. For example the US Senate has recently moved to restrict each Member to two major and one minor committee.

28.

The Committee burden tends to become excessive with time and when the number of Members available is small. In the 635 Member House of Commons in London, backbench MPs attend an average of 31 committee meetings a year, whereas in Hong Kong,