ENG-1982 — Page 25

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REVIEW

implement the decision or, where legislation is concerned, it goes forward for introduction into the Legislative Council,

The Legislative Council

LegCo's most obvious and primary constitutional function is clearer for the public to see and understand than that of ExCo. Yet the role of the Unofficial Members is significantly different, at least in kind, from that in most other legislatures. The previous Governor, then Sir Murray MacLehose, so described it in 1975:

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'Members can call directly for confidential government files about cases which come to their attention, as indeed they frequently do They collaborate positively in the preparation of legislation, and by intervention constantly influence administration . . . To perform their role in the Chamber, of opposition or support or spur as their judgment dictates, requires very considerable experience... Lacking, as is unavoidable, any electoral mandate, members are required to try to think and plan and speak for the interests of the community as a whole as they see it, and not, as would be so much easier, for the narrow interests of a party, a group, a profession, an area or a class.' (Hong Kong Hansard, 1975–6, pp. 44–5) Presently composed of 27 Unofficial and 23 Official Members, presided over by the Governor, the council meets every Wednesday fortnight to transact its legislative business; its proceedings are broadcast live in English and Cantonese on both radio and television. Its procedure and standing orders are modelled on those of the House of Commons. But those accustomed to BBC broadcasts of debates in that Chamber, where the banging of the Speaker's gavel and his cries of 'Order, Order' can sometimes hardly be heard above the argumentative din of the members, must be struck by the politeness and almost orchestrated calm of the Council where Hong Kong's legislation is enacted. Never are heard outraged shouts of 'disgrace,' 'resign' some spectators ask why, whilst others merely draw for themselves the wrong conclusions.

One reason undoubtedly stems from Hong Kong's consultative system. From the first tentative discussions, through consultations, if appropriate, with District Boards, Advisory Committees, pressure groups, other departments of Government, chambers of commerce and trade associations, social welfare agencies, clans or guilds, and finally in ExCo itself, the original idea has been amended, honed, pruned, re-drafted, had clauses inserted, had clauses removed, until the final proposition, when it reaches LegCo in the form of a Bill is, if not uncontentious, at least unlikely to precipitate demonstrations by disaffected citizens. Nor does the vetting end there, for some of LegCo's most important work is done not in public but in private sessions in the offices of the Unofficial Members of the Executive and Legislative Councils (UMELCO). Here Unofficials meet deputations voicing their concerns about some Bill, and scrutinise its principles and detailed drafting before arguing for their desired amendments at closed meetings with the Official Member in charge of it. Strong words may flow on these occasions. But the convention is that Unofficials will not in the end press for amendments against the weight of reasoned argument, and any Bill or clause in it is dropped by the administration if it becomes clear at the end of these private meetings that a majority of Unofficials still oppose it. The joint objective of Unofficials and Officials alike is to achieve the most sensible and efficacious result, not to score political or personal points, still less to gain cheap publicity when the Bill returns into the public arena. Public dispute is not the Hong Kong style. So back in the Chamber the Bill proceeds on its now agreed course, giving sometimes an air of a carefully contrived piece of theatre of oriental formality, where all eventualities have been foreseen and reactions carefully rehearsed.