1986 — Page 22

6

HONG KONG URBAN COUNCIL

incorrect information or advice purely out of negligence, so I think we should give enough protection for our Urban Councillors because some mistakes are really made unintentionally and I do not think it is fair for him or her to bear the legal responsibility.

DR. THE Honourable Kim CHAM (in Cantonese):—Mr. Chairman, as for whether someone is acting in good faith or whether a mistake is made out of negligence, this will be decided in court. If the Urban Councillor can prove that he or she has given the advice or information in good faith, I am sure the verdict will be a fair one.

MR. FREDERICK FUNG (in Cantonese):—Mr. Chairman, I have the same worries because I do not know whether the Urban Council or the court has a very good definition of the term 'in good faith', this is my first question. The second question, concerning paragraph 2, it tells us that usually members of the public will rely on our advice in respect of matters which are within our jurisdiction. I can confirm this especially in our constituencies, but actually in my constituency only 20% of the questions I have to answer concerned matters within our jurisdiction, and the majority of the questions that I have to answer would be concerning matters outside our jurisdiction. I wonder whether we can have some wise advice from Dr. CHAM.

Dr. The Honourable Kim CHAM (in Cantonese):—Mr. Chairman, you told us that you would answer questions which are within the jurisdiction of the Urban Council and this question only amounted to 20%, I think we should concentrate on these answers. I think one very safe way is to check the information first before we give any advice. As for the majority of the questions which are outside the jurisdiction of the Council, as I have mentioned in my reply, the responsibilities that arise from these questions would be smaller because I think members of public will understand that we may know very little about the matters outside the jurisdiction of the Urban Council. Firstly, I think you can let the members of the public know very well that you will try to give him adequate information but you cannot bear 100% responsibility because you are not familiar with these matters. Secondly, I think you should really buy insurance similar to that obtained by professional bodies so that the damages and loss question will be taken care of by these insurance companies.

MR. PAO (in Cantonese):—Mr. Chairman, I think one point in the answer is very important and i.e. according to Section 51 of the Urban Council Ordinance, the Urban Councillors will have legal protection, unfortunately when we meet the public, Section 51 simply does not cover this 'meet the public sessions', but I think members will know that the 'meet the public sessions' are very important to Urban Councillors, so I would like Dr. CHAM to tell us whether we can amend Section 51 of the Urban Council Ordinance, so that the jurisdiction will include the 'meet the public sessions' and so that Urban Councillor will also get protection when we give advice during these sessions. I think this will be the ultimate solution to the problem, I do not know whether this can be discussed in the Administration Select Committee.

HONG KONG URBAN COUNCIL

Page 22 of 201

7

DR. THE Honourable Kim CHAM (in Cantonese): This concerns the Urban Council Ordinance, of course, we can always reflect our views to the Central Government. As for whether we will for sure get the protection that we seek, I think some people may think that this concerns the powers or privileges, of course, we can always discuss it in our select committee and reflect our views to the Central Government.

MR. KWAN (in Cantonese): —Mr. Chairman, Mr. SULKE'S question concerns about the protection enjoyed by the district board members and that by Urban Councillors, I have a supplementary question. Now Urban Councillors will also attend district boards and we are there providing our services and acting under the capacity of an Urban Councillor. If we meet members of public in the district board public sessions, then should we be treated as district board members, and if we meet the public together with the district board members, I wonder whether the protection will also cover Urban Councillors. Thank you.

DR. THE HONOURABLE KIM CHAM (in Cantonese):—Mr. Chairman, talking about 'meet the public sessions' I think these are not stated very clearly in the Urban Council Ordinance provisions and from my reply, members will see that we may be charged with negligence.

MR. SULKE (in English): —Mr. Chairman, this has turned out to be much more interesting than I thought it was going to be. As a supplementary, what is our position when we give an interview to the ladies and gentlemen of the media and give them wrong information which they then print?

DR. THE Honourable Kim CHAM (in English):—Mr. Chairman, my advice to Mr. SULKE is when he gives information to anyone including the ladies and gentlemen upstairs it is to be as accurate as possible and he should use due care and not give information negligently, I think that will adequately protect his position. (laughter)

MISS YEUNG (in Cantonese): Mr. Chairman, I would like to go back to the question asked by Mr. SULKE, I would like to ask a supplementary question. It was said that in district boards, sometimes we have to meet the members of public together with district board members, does that mean that we can refuse this job required of us as Urban Councillors sitting in the district boards. If we have to bear such responsibilities, it will really be a bit difficult for us because we have to meet the public together with the district board members.