Provisional Legislative Council

PLC Paper No.423/96-97

Ref.: PLC/WG/02

Paper for the House Committee
Meeting on 15 June 1997

Consultation on the Recommendations of the Working Group on Rules of Procedure to amend Rule 12 and Rule 65 of the Rules of Procedure

Purpose

This paper outlines the proposed amendments recommended by the Working Group on Rules of Procedure (Working Group) in respect of the Rules which have implications on the proceedings of the first few meetings of the Council after the establishment of the Hong Kong Special Administrative Region (HKSAR) on 1 July 1997. The proposed amendments are related to:

  1. Confirmation of Passage of Bills (Rule 65); and

  2. Chief Executive ' s Address to the Council (Rule 12).

This paper also seeks to invite views from the House Committee on the proposed amendments to be moved by Hon Mrs CHOW LIANG Shuk-yee, Selina, Convenor of the Working Group, to these two Rules and other consequential amendments to the Rules of Procedure at the Council meeting to be held on 21 June 1997.

Background

2. On 12 April 1997, the Council adopted its Rules of Procedure. Hon Mrs CHOW LIANG Suk-yee, Selina, when addressing the Council on her motion to adopt the Rules of Procedure, had pointed out that certain areas in the Rules of Procedure required further review, among which was the procedure to confirm the passage of bills at the first meeting of the Council after the establishment of HKSAR. Since then, the Working Group has consulted the Chief Executive ' s Office and deliberated on the related provisions. The Working Group has now concluded that it is necessary to amend the relevant Rules so as to enable the confirmation of the passage of bills to be done in a manner compatible with the format of the proposal put before the Council by the Chief Executive ' s Office on 1 July for such a purpose. The Working Group also intends to amend at the same time the provisions relating to the timing of the Address of the Chief Executive to the Council after the establishment of the HKSAR.

Deliberations of the Working Group

Confirmation of the passage of Bills

3. Rule 65 (Confirmation of Passage of Bills) provides that at the first meeting of the Council after the establishment of HKSAR, all bills which have hitherto been passed by the Council should be confirmed by way of a motion, to be moved without notice by the public officer and to be voted on without amendment or debate.

4. The Chief Executive ' s Office has informed the Working Group that a ' Reunification ' Bill is being drafted and will be presented to the Council for three readings on 1 July 1997. This Bill, apart from confirming the bills passed by the Council before 1 July 1997, may also include other provisions relating to confirmation of certain motions hitherto passed in the Council, endorsement of appointments of judges, adaptation of laws, and confirmation of the continuing application of existing multilateral and bilateral treaties and conventions, etc. To prepare for such eventuality, the Working Group considers that it is necessary to widen the scope of Rule 65 to provide the flexibility of confirming the passage of bills by way of a bill.

5. As the current provision in Rule 65 allows no amendment or debate on the motion to confirm the passage of bills, the Working Group has also considered at great depth whether it is appropriate to apply the same principle in case of a bill. The Working Group notes the need for the passage of the "Reunification" Bill to be done without undue delay, but it is also aware of the importance to ensure that the conventions in the processing of a bill should be followed. For example, Members should be allowed to speak on the Bill particularly when new matters are introduced in the Bill. After deliberations, the Working Group recommends that it should be clearly spelt out in the Rules of Procedure that:

  1. there is no need for the Second Reading debate on the "Reunification" Bill to be adjourned and be referred to the House Committee, so that all three readings of the Bill could be done at the same Council meeting;

  2. only technical amendments will be allowed to be moved to the Bill by leave of the President; and

  3. the speaking time of each Member should be limited to a maximum of three minutes on each occasion.

6. The Working Group also appeals to Members to consider reaching a gentlemen ' s agreement to keep the number of Members speaking on the Bill to the minimum.

7. Appendix I provides a comparison of the proposed new Rule 65 and the existing provision. Appendix II sets out the consequential amendments to Rule 32 (Motions on Previous Decisions of Council), Rule 36 (Time and Manner of Speaking), Rule 41 (Contents of Speeches), Rule 51 (Notice of Presentation of Bills) and Rule 54 (Second Reading).

Chief Executive ' s Address to the Council

8. Rule 12 (Proceedings at the First Meeting after the Establishment of the Hong Kong Special Administrative Region) provides that if the Chief Executive so wishes, he shall address the Council at the first meeting of the Council after the establishment of HKSAR, or any subsequent meeting as appropriate if there is urgent business for the consideration of the Council at its first meeting.

9. After consultation with the Chief Executive ' s Office, it has been made clear to the Working Group that the Chief Executive intends to give his Policy Address in the Council in October 1997. Under the circumstances, the Working Group finds it necessary to amend Rule 12 along with other urgent amendments to the Rules of Procedure. The proposed provision of Rule 12, as compared with the existing provision, is set out in Appendix III.

Advice sought

10. Members are invited to express views on the Working Group ' s proposed amendments. Subject to members ' views, Hon Mrs CHOW LIANG Shuk-yee, Selina, will move a motion to amend Rule 12 (Proceedings at the First Meeting after the Establishment of the Hong Kong Special Administrative Region), Rule 65 (Confirmation of Passage of Bills) and other related Rules at the Council meeting to be held on 21 June 1997.

Provisional Legislative Council Secretariat
11 June 1997


Appendix I

Proposed Amendments to Rule 65 (Confirmation of Passage of Bills) of the Rules of Procedure

Rule 65
(Confirmation of
Passage of Bills)		Proposed Rule 65
(Confirmation of Bills)
A bill (or bills) which
has been read the
third time and passed
before the establishment
of the Hong Kong
Special Administrative
Region shall proceed
on confirmation of the
passage of the bill
(or bills) by a motion
which may be moved
without notice by the
public officer in charge
at the first meeting of
the Council held after the
establishment of the
Hong Kong Special
Administrative Region.
The motion shall be
voted on without
amendment or debate. 		(1)A bill which has been read the third time and passed before the establishment of the Hong Kong Special Administrative Region shall be subject to confirmation after such establishment by -

(a) a motion, which may be moved without notice by the public officer in charge of the bill (or any of the public officers in charge if the motion is in respect of more than one of such bills) and after the motion has been passed, no motion may be moved to rescind it; or

(b) another bill presented for first reading after the establishment of the Hong Kong Special Administrative Region.

(2) The motion under subrule (1)(a) shall be voted on without amendment or debate.

(3) For the purposes of proceedings upon a bill which has any effect of confirming another bill under subrule (1)(b) -

(a) when the public officer in charge of the bill has spoken on a motion that the bill be now read the second time, the debate shall immediately be proceeded with and no adjournment until another meeting is allowed;

(b) the Chairman may give leave for amendment to be moved to the bill under Rule 57(2) only in exceptional circumstances, and the lack of sufficient time to allow compliance with that Rule shall not by itself constitute an exceptional circumstance; and

(c) a Member shall not, without the permission of the President or the Chairman, to be given only in exceptional circumstances, make a speech lasting more than 3 minutes but the restriction shall not apply to designated public officers.

Appendix II

Proposed Consequential Amendments to Other Rules of the Rules of Procedure

32. Motions on Previous Decisions of Council

Except as otherwise provided in Rule 65 (Confirmation of Bills) and Rule 67 (The Chief Executive Returning a Bill Passed to the Council for Reconsideration) or unless a specific question decided upon before the establishment of the Hong Kong Special Administrative Region is required to be reconsidered thereafter in relation to the powers and functions of the legislature under the Basic Law, where the Council has taken a decision on a specific question no further motion shall be moved in relation to that question during the same session except a substantive motion to rescind the decision, moved with the permission of the President.

36.Time and Manner of Speaking

(5) Subject to Rule 37 (Recommendations of House Committee as to Time of Speaking) and Rule 65(3) (Confirmation of Bills), a Member shall not, without the permission of the President or the Chairman, to be given only in exceptional circumstances, make a speech lasting more than 15 minutes.

41. Contents of Speeches

(3) Except as otherwise provided in Rule 65 (Confirmation of Bills) and Rule 67 (The Chief Executive Returning a Bill Passed to the Council for Reconsideration), it shall be out of order to attempt to reconsider a specific question on which the Council has taken a decision during the session, except in debate on a substantive motion to rescind that decision moved with the permission of the President.

51. Notice of Presentation of Bills

(7) (a) Except as otherwise provided in Rule 65(1)(b) (Confirmation of Bills) and Rule 67 (The Chief Executive Returning a Bill Passed to the Council for Reconsideration), a bill which, in the opinion of the President, contains substantially the same provisions as another bill on which the Council has already taken a decision at second reading shall not be further proceeded with in the same session and shall be withdrawn.

54. Second Reading

(4) Except in relation to Appropriation Bills and Rule 65(3)(a) (Confirmation of Bills), when the Member in charge of a bill has spoken on a motion that the bill be now read the second time, the debate shall be adjourned and the bill shall be referred to the House Committee unless the Council, on a motion which may be moved without notice by any Member, otherwise orders.

Appendix III

Proposed Amendments to Rule 12 (Proceedings at the First Meeting after the Establishment of the Hong Kong Special Administrative Region) of the Rules of Procedure

12. Proceedings at the First Meeting after the Establishment of the Hong Kong Special Administrative Region The Chief Executive ' s Address

  1. Subject to subrule (5) of this Rule, tThe Chief Executive, if he so wishes, shall address the Council at the first meeting after the establishment of the Hong Kong Special Administrative Region.

  2. At a meeting not less than 14 days after the Chief Executive has addressed the Council, a motion may be moved without notice for an address of thanks to the Chief Executive for his address.

  3. A motion under subrule (2) of this Rule shall be moved in the following form:

  4. "That this Council thanks the Chief Executive for his address."

  5. Amendments may be moved to the motion described in subrule (3) of this Rule only by way of adding words at the end of the motion and may be moved without notice.

  6. If there is urgent business for the consideration of the Council at the first meeting after the establishment of the Hong Kong Special Administrative Region, the Council shall proceed with that business, and the provisions of this Rule relating to the Chief Executive's address shall apply to the next meeting at which there is no urgent business for the consideration of the Council.