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that they should express their opinions in private to your department. It is not enough to burden them with the work of this Council by the circulation of your many files and despatch boxes. They represent in their own way the views of the various communes which exist in Hong Kong. I use the term, communes, not in the sense of the Commune of Paris, neither in the same way as the term is applied not so far from our borders, but in a way that has the blessing of Justinian of old.
Unofficial Members of this Council do much work in private in the discharge of the functions within the purview of the various Select Committees. Therefore I see no reason why, when questions are put and answers are devised, they should not be consulted so as to ensure that the views of the entire Select Committee should be incorporated in the replies which are given from the Chair.
The reason why this motion is being referred to a Select Committee rather than be passed in principle today is because it is necessary to examine the mechanisms which are attached to a procedure of this nature and for the Select Committee concerned to be satisfied that safeguards are introduced not only to protect the Select Committees, but more particularly to protect the Chairman against a difference of opinion with the Chairman of the Select Committee concerned with the reply.
MR. CHEONG-LEEN:- May I ask a question?
CHAIRMAN: --We are past question time.
MR. CHEONG-LEEN:- I have not finished my sentence. May I ask a question in clarification from Mr. Bernacchi since he is one of the oldest members in this Council? I see that under Standing Order 8(1) it is mentioned that "If seven clear days' notice in writing ... in the Council”.
I wonder why it has not been the fashion in the last couple of years for any member to avail themselves of the opportunity to ask a question of the Chairman of a Select Committee. Could it be that Select Committees are primarily responsible for policy and as Chairman you are in a dual role? You are Chairman of the Council and Director of Urban Services. Sometimes a member of the Council can often find we can get a more detailed answer-
MR. SALES: Is Mr. Cheong-Leen availing himself of his 20 minutes?
MR. CHEONG-LEEN:- If we ask in your dual capacity.
CHAIRMAN: -All these questions will have to be sorted out by the Select Committee.
HONG KONG URBAN COUNCIL
MR. BERNACCHI:- I did, I think, cover that particular point when I said that there was a time when members asking questions addressed their questions to the Chairman of the particular Select Committee, which seemed quite consistent with Standing Orders, but for some reason which is not entirely clear, although my recollection is that it was upon legal advice tendered to the Council, this practice was discontinued.
CHAIRMAN: -I should say that we failed to substantiate Mr. Bernacchi's recollection from the files. We did look that point up.
MR. CHEONG-LEEN:- I see.
The question was put.
The Motion was carried.
ADJOURNMENT.
CHAIRMAN: --That concludes the business for this meeting. The Council stands adjourned to Tuesday, 6th October at 4 p.m.
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Page 71 of 107
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that they should express their opinions in private to your department. It is not enough to burden them with the work of this Council by the circulation of your many files and despatch boxes. They represent in their own way the views of the various communes which exist in Hong Kong. I use the term, communes, not in the sense of the Commune of Paris, neither in the same way as the term is applied not so far from our borders, but in a way that has the blessing of Justinian of old.
Unofficial Members of this Council do much work in private in the discharge of the functions within the purview of the various Select Committees. Therefore I see no reason why, when questions are put and answers are devised, they should not be consulted so as to ensure that the views of the entire Select Committee should be incorporated in the replies which are given from the Chair.
The reason why this motion is being referred to a Select Committee rather than be passed in principle today is because it is necessary to examine the mechanisms which are attached to a procedure of this nature and for the Select Committee concerned to be satisfied that safeguards are introduced not only to protect the Select Committees, but more particularly to protect the Chairman against a difference of opinion with the Chairman of the Select Committee concerned with the reply.
MR. CHEONG-LEEN:-May I ask a question .?
CHAIRMAN: --We are past question time.
MR. CHEONG-LEEN:--I have not finished my sentence. May I ask a question in clarification from Mr. Bernacchi since he is one of the oldest members in this Council? I see that under Standing Order 8(1) it is mentioned that "If seven clear days'
in the Council”.
I wonder why it has not been the fashion in the last couple of years for any member to avail themselves of the opportunity to ask a question of the Chairman of a Select Committee. Could it be that Select Committees are primarily responsible for policy and as Chairman you are in a dual role? You are Chairman of the Council and Director of Urban Services. Sometimes a member of the Council can often find we can get a more detailed answer-
MR. SALES: Is Mr. Cheong-Leen availing himself of his 20 minutes?
MR. CHEONG-LEEN:-If we ask in your dual capacity.
CHAIRMAN: -All these questions will have to be sorted out by the Select Committee.
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MR. BERNACCHI:-I did, I think, cover that particular point when I said that there was a time when members asking questions addressed their questions to the Chairman of the particular Select Committee, which seemed quite consistent with Standing Orders, but for some reason which is not entirely clear, although my recollection is that it was upon legal advice tendered to the Council, this practice was discontinued.
CHAIRMAN: -I should say that we failed to substantiate Mr. Bernacchi's recollection from the files. We did look that point up.
MR. CHEONG-LEEN:-I see.
The question was put.
The Motion was carried.
ADJOURNMENT.
CHAIRMAN: --That concludes the business for this meeting. The Council stands adjourned to Tuesday, 6th October at 4 p.m.
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