LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) ORDINANCE

LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) ORDINANCE

LAWS OF HONG KONG

LEGISLATIVE COUNCIL (POWERS AND

PRIVILEGES) ORDINANCE

CHAPTER 382





CHAPTER 382

LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

PART I

PRELIMINARY

1. Short title............................. ... ... ... ... ... ... ... 3
2. Interpretation..........- . ............... ... ... ... ... ... ... ... 3

PART II

PRIVILEGES AND IMMUNITIES

3...................Freedom of speech and debate ... ... ... ... ... ... ... .... ... ... 4
4...................Immunity from legal proceedings ... ... ... ... .... ... ... ... ... 4

5..............Freedom from arrest .......... ... ... ... ... ... ... ... ... ... ... 4

6.......................Service of civil process and exemptions ... ... ... ... ... ... ... ... 4

7. Evidence of proceedings in the' Council or any committee not to be given

without leave ......................... ... ... - - - . ... ... ... 5

8.............................Regulation of admittance to precincts ofthe Chamber ... ... ... ... ... 5

PART III

EVIDENCE

9.......................Power to order attendance of witnesses ... ... ... ... ... ... ... ... 5
10......................Attendance to be notified by summons ... ... ... ... ... ... ... ... 6

11....................Witnesses may be examined on oath ... ... ... ... ... ... ... ... ... 6

12.........................Power to issue warrant to compel attendance ... ... ... ... ... ... ... 6

13. Objection to answer question or produce papers ... ... . ... ... ... 7

14.............Privileges of witnesses ........ .. ... ... ... ... ... ... ... ... ... 7

15. Determination of questions relating to evidence and production of documents

before the Council or committee ........... ... ... ... ... ... ... ... 8

16. Limitation on privilege against incrimination of self or spouse . ... ... ... 8

PART IV

OFFENCES AND PENALTIES

17.........Contempts .......................... ... ... ... ... ... ... ... ... 9

is..................False evidence and deception ... ... ... ... ... . ... ... ... 9

19...........................Interference with members. officers or witnesses ... . ... ... ... 9

20. Offences by persons entering or remaining in precincts of Chamber 10











Section Page
PART V

MISCELLANFOUS

21. Journals printed by order of the Council to be admitted as evidence ... ... ... 10

22. Powers of President supplementary to powers under Letters Patent or Royal

Instructions ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10

23. Courts not to exercise jurisdiction in respect of acts of the Council, President

or officers ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10

24. Officers of the Council to have powers of police officer ... ... ... ... ... ... 11

25. President may act when the Council is dissolved ... ... ... ... ... ... ... 11

26. Consent of Attorney General to prosecute ... ... .... ... ... ... ... ... 11





CHAPTER 382

LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES)

To declare and define certain powers, privileges and immunities of the
Legislative Council and of the members and officers thereof; to
secure freedom of speech in the Legislative Council; to make
provision for regulating admittance to and conduct within the
precincts of the Chamber of the Legislative Council; to provide
for the giving of evidence in proceedings before the Legislative
Council or committees thereof, andfor offences in respect of such
proceedings and related matters; andfor purposes incidental to or
connected therewith.

[26 July 1985.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Legislative Council
(Powers and Privileges) Ordinance.

2. (1) In this Ordinance, except where the context otherwise
requires-

'Chamber- means the Chamber in which the proceedings of the
Council are conducted, and any galleries and places therein
provided for members of the public and representatives of the
press, television and radio, and includes any lobbies, offices or
precincts used exclusively in connexion with the proceedings of
the Council;

'Clerk' means any of the following-

(a) the Clerk to the Legislative Council; and

(b) the Clerk of Councils;

'committee' means any standing, select or other committee of the
Council;

'Council' means the Legislative Council;

'journals' means the minutes of the Council or the official record of
the votes and proceedings thereof,

'member' means a member of the Council;

'officer of the Council' means the Clerk or any other officer or
person acting within the precincts of the Chamber under the
orders of the President and includes any police officer on duty
within the precincts of the Chamber;





'precincts of the Chamber' means the Chamber and offices of the
Council and any adjacent galleries and places provided for
the use or accommodation of members of the public and
representatives of the press, television and radio, and subject to
any exceptions made by the President under subsection (2)
includes, while the Council or a committee is sitting, the entire
building in which the Chamber is situated and any forecourt,
yard, garden, enclosure or open space adjoining or appertaining
to such building and used or provided for the purposes of the
Council;

'President' means the President of the Council, and includes any
other member of the Council when presiding at a sitting of the
Council;

'Standing Orders' means the Standing Orders of the Council for the
time being in force.

(2) The President may, by notice published in the Gazette.
order that any part of a building, forecourt, yard, garden, enclosure
or open space referred to in the definition in subsection (1) of
'precincts of the Chamber' shall be excluded from that definition,
either generally or for a specific purpose and either temporarily or
permanently.

PART II

PRIVILEGES AND IMMUNITIES

3. There shall be freedom of speech and debate in the Council
or proceedings before a committee, and such freedom of speech and
debate shall not be liable to be questioned in any, court or place
outside the Council.

4. No civil or criminal proceedings shall be instituted against
any member for words spoken before, or written in a report to, the
Council or a committee, or by reason of any matter brought by him
therein by petition, Bill, resolution, motion or otherwise.

5. No member shall be liable to arrest-

(a)for any civil debt (except a debt the contraction of which
constitutes a criminal offence) whilst going to, attending at
or returning from a sitting of the Council or a committee;

(b)for any criminal offence whilst attending at a sitting of the
Council or a committee.

6. (1) No process issued by any court in Hong Kong or
elsewhere in the exercise of its civil jurisdiction shall be served or
executed within the precincts of the Chamber while the Council is
sitting, nor shall any such process be served or executed through the
President or any officer of the Council unless it relates to a person
employed within the precincts of the Chamber.





(2) Except by leave of the Council obtained in accordance with the
Standing Orders, no member shall be required to attend as a witness in
any civil proceedings on a day when the Council is sitting.

(3) A member shall be exempted from service as -a juror in
accordance with section 5 of the Jury Ordinance.

7. (1) No member or officer of the Council, and no person employed
to take minutes or keep any record of evidence before the Council or a
committee, shall give evidence elsewhere in respect of the contents of
such minutes or record of evidence, or of the contents of any document
laid before the Council or committee, as the case may be, or in respect of
any proceedings or examination held before the Council or committee,
as the case may be, without the special leave of the Council.

(2) During a recess or adjournment of the Council, the special leave
referred to in subsection (1) may be given by the President or, if the
President is unable to act owing to his absence from Hong Kong or
incapacity, in accordance with the Standing Orders.

8. (1) Subject to this section, sittings of the Council shall be open
to the public.

(2) The right of persons other than members or officers of the
Council to enter or remain within the precincts of the Chamber shall be
subject to the Standing Orders or any resolution of the Council limiting
or prohibiting the enjoyment of such right.

(3) The President may from time to time, for the purpose of
maintaining the security of the precincts of the Chamber, ensuring the
proper behaviour and de~orum of persons therein and for other
administrative purposes, issue such administrative instructions as he
may deem necessary or expedient for regulating the admittance of
persons (other than members or officers of the Council) to, and the
conduct of such persons within, the Chamber and the precincts of the
Chamber.

(4) Copies of administrative instructions issued by the President
under subsection (3) shall be duly authenticated by the Clerk and
exhibited in a conspicuous position in the precincts of the Chamber;
and such copies when so authenticated and exhibited shall be deemed
to be sufficient notice to all persons affected thereby.

PART III

EVIDENCE

9. (1) The Council or a standing committee thereof may, subject to
sections 13 and 14, order any person to attend before the Council or
before such committee and to give evidence or to produce any paper,
book, record or document in the possession or under the control of
such person.





(2) The powers conferred by subsection (1) on a standing
cornmittee may be exercised by any other committee which is specially
authorized by a resolution of the Council to exercise such powers in
respect of any matter or question specified in the resolution.

10. (1) Where any person is lawfully ordered to attend to give
evidence or to produce documents before the Council or a committee, he
shall be notified by a summons issued under the hand of the Clerk by
direction of the President.

(2) In every summons issued to any person under subsection (1)
there shall be stated the name of that person and the time when and the
place where he is required to attend and the particular documents (if
any) he is required to produce, and the summons shall be served on him
either by delivering to him a copy thereof or by leaving a copy thereof at
his usual or last known place of abode in Hong Kong with some adult
person'.

(3) A summons issued under this section may be served by an
officer of the Council or by a police officer or any public officer.

11. (1) The Council or a committee may require that any facts,
matters and things relating to the subject of inquiry before the Council
or such committee be verified or otherwise ascertained by the oral
examination of witnesses, and may cause any such witnesses to be
examined upon oath.

(2) An oath required to be taken under this section may be
administered by the Clerk or by any other person appointed by the
Council for that purpose or, in the case of a witness before a committee,
by the chairman of the committee or by the member presiding in the
absence of the chairman.

12. (1) Where a person to whom a summons is issued under section
10 does not attend before the Council or the committee at the time and
place stated therein, the President may, if satisfied that the summons
has been duly served or that such person has wilfully avoided service,
direct the Clerk to issue a warrant in the prescribed form to apprehend
him and bring him, at a time and place stated in the warrant, before the
Council or committee, as the case may be.

(2) Where a warrant is issued under this section, the President may,
by ordering an appropriate endorsement on the warrant, direct that the
person named in the warrant be brought before a magistrate after arrest
and released on entering into such recognizance for his appearance
before the Council or committee as may be specified in the endorsement.

(3) A warrant issued under this section shall be executed by a
police officer.

(4) A magistrate may, when a person is brought before him under
subsection (2), release that person upon his entering into such
recognizance as may be specified in the endorsement on the warrant.





(5) Every warrant and every endorsement on such warrant
purporting to bear the signature of the Clerk under this section shall be
deemed, unless the contrary is proved, to have been issued or made
under the direction or order of the President under this section.

(6) The Governor may, by order in the Gazette, prescribe a form of
warrant for the purposes of this section.

13. (1) Subject to section 14, where any person lawfully ordered to
attend to give evidence or to produce any paper, book, record or
document before the Council refuses to answer any question that may
be put to him or to produce any such paper, book, record or document
on the ground that the same is of a private nature and does not affect
the subject of inquiry, the President may (and shall if such question or
the production of such paper, book, record or document is not relevant)
excuse the answering of such question or the production of such paper,
book, record or document, or may order the answering or production
thereof.

(2) Subject to section 14, where any person lawfully ordered to
attend to give evidence or to produce any paper, book, record or
document before any committee refuses to answer any question that
may be put to him or to produce any such paper, book, record or
document on the ground that the same is of a private nature and does
not affect the subject of inquiry, the chairman of the committee may
report such refusal to the President with the reasons therefor; and the
President may (and shall if such question or the production of such
paper, book, record or document is not relevant) thereupon excuse the
answering of such question or the production of such paper, book,
record or document or may order the answering or production thereof.

14. (1) Every person lawfully ordered to attend to give evidence or
to produce any paper, book, record or document before the Council or a
committee shall, subject to section 16, be entitled, in respect of such
evidence or the disclosure of any communication or the production of
any such paper, book, record or document, to the same right or privilege
as before a court of law.

(2) No person, other than a public officer acting with the consent
of the Governor, shall before the Council or a committee

(a) give any evidence; or

(b) produce any paper, book, record or document,

relating to the correspondence concerning-

(i) any naval, military or air force matter or of any other matter
relating to the security of Hong Kong; or

(ii)the responsibilities of Her Majesty's Government in the
United Kingdom otherwise than with respect to the
administration of Hong Kong by its Government,





nor shall secondary evidence be received by or produced before the
Council or a committee of the contents of any such paper, book,
record or document.

15. Where at any time any question arises in the Council or a
committee in regard to-

(a)the right or power of the Council or a committee to hear,
admit or receive oral evidence; or

(b)the right or power of the Council or a committee to peruse
or examine any paper, book, record or document or to
order, direct or call upon any person to produce any
paper, book, record or document before the Council or
committee; or

(c)the right or privilege of any person (including a member of
the Council or committee) to refuse to produce any paper,
book, record or document or to lay any paper, book.,
record or document before the Council or committee,

that question may, subject to this Ordinance and except in so far as
express provision is made therein for the determination of that
question, be determined in accordance with the usage and practice of
the Council which applied prior to the commencement of this
Ordinance or applies thereafter by virtue of any resolution of the
Council.

16. (1) In any proceedings in the Council or a committee. any
person lawfully ordered to attend to give evidence or to produce any
paper, book, record or document before the Council or committee
shall not, unless excused under section 13, be excused-

(a)from answering any relevant question put to that person in
the proceedings or producing any such paper, book. record
or document; or

(b)from complying with any order made in or in connexion
with the proceedings,

on the ground that to do so may tend to expose that person, or the
wife or husband of that person, to proceedings for an offence or for
the recovery of a penalty.

(2) Subject to subsection (3), no statement or admission made
by a person-

(a)in answering a question put to him in any proceedings to
which subsection (1) applies; or

(b) in complying with any order made in any such proceedings,

shall, in proceedings for any offence or for the recovery of any
penalty, be admissible in evidence against that person or (unless they
married after the making of the statement or admission) against the
wife or husband of that person.





(3) Nothing in subsection (2) shall render any statement or
admission made by a person as there mentioned inadmissible in
evidence against that person in proceedings for an offence under
section 32 (which relates to false statements on oath made otherwise
than in a judicial proceeding) or section 36 (which relates to false
statutory declarations and other false statements without oath) of
the Crimes Ordinance,

PART IV

OFFENCES AND PENALTIES

17. Any person who-

(a)disobeys any lawful order made by the Council or a
committee requiring him to attend or produce any papers,
books, documents or records before the Council or
committee, unless such attendance or production is
excused under section 13; or

(b)refuses to be examined before, or to answer any lawful and
relevant question put by, the Council or a committee
during the course of any examination, unless such refusal is
excused under section 13; or

(e)creates or joins in any disturbance which interrupts or is
likely to interrupt the proceedings of the Council or a
committee while the Council or such committee is sitting,

commits an offence and is liable to a fine of $10,000 and to
imprisonment for 12 months, and in the case of a continuing offence
to a further fine of $2,000 for each day on which the offence
continues.

18. (1) Any person who before the Council or a committee
intentionally gives a false answer to any question material to the
subject of inquiry which may be put to him during the course of any
examination commits an offence and is liable to a fine of $50,000 and
to imprisonment for 2 years.

(2) Any person who presents to the Council or a committee
any false, untrue, fabricated or falsified document with intent to
deceive the Council or such committee, unless such presentation
constitutes an offence under subsection (1), commits an offence and
is liable to a fine of $10,000 and to imprisonment for 12 months.

19. Any person who-

(a)assaults, obstructs or molests any member going to, being
within or going from the precincts of the Chamber, or
endeavours to compel any member by force or menace to
declare himself in favour of or against any motion or
matter pending before the Council or a committee; or





(b)assaults, interferes with, molests, resists or obstructs any
officer of the Council while in the execution of his duty; or

(c)tampers with, deters, threatens, molests or in any way unduly
influences any witness in regard to any evidence to be given
by him before the Council or a committee; or

(d) threatens, molests or in any way punishes or injuries - jures
or
attempts to punish or injure any person for having given
evidence before the Council or a committee or on account
of any evidence which he has given before the Council or a
committee,

commits an offence and is liable to a fine of $10,000 and to imprisonment
for 12 months.

20. Any person, other than a member or officer of the Council, who

(a)enters or attempts to enter the Chamber or the precincts of the
Chamber in contravention of any of the Standing Orders or
any resolution under section 8(2); or

(b)contravenes any administrative instructions issued under
section 8(3), or any direction given thereunder, regulating the
admittance of persons to or the conduct of persons within the
Chamber or the precincts of the Chamber,

commits an offence and is liable to a fine of $2,000 and to imprisonment
for 3 months.

PART V

MISCELLANEOUS

21. Upon any inquiry touching the privileges, immunities and
powers of the Council or of any member, any copy of the journals
printed or purporting to be printed by the Government Printer shall be
admitted as evidence of such journals in all courts and places without
any proof being given that such copy was so printed.

22. The powers of the President under this Ordinance shall be
supplementary to any powers conferred on him by Letters Patent or
Royal Instructions.

23. The Council, the President or any officer of the Council shall
not be subject to the jurisdiction of any court in respect of the lawful
exercise of any power conferred on or vested in the Council, the
President or such officer by or under this Ordinance or the Standing
Orders.





24. Within the precincts of the Chamber, every officer of the
Council shall, for the purposes of this Ordinance and of the
application of the criminal law, have all the powers and enjoy all the
privileges of a police officer.

25. For the purposes of this Ordinance, the President may
exercise the powers conferred on him by this Ordinance even though
the Council has been dissolved.

26. No prosecution for an offence under this. Ordinance shall
be instituted except with the consent of the Attorney General.
Originally 35 of 1985. L.N. 215/85. Short title. Interpretation. Freedom of speech and debate. Immunity from legal proceedings. Freedom from arrest. Service of civil process and exemptions. (Cap. 3.) Evidence of proceedings in the Council or any committee not to be given without leave. Regulation of admittance to precincts of the Chamber. Power to order attendance of witnesses. Attedance to be notified by summons. Witnesses may be examined on oath. Power to issue warrant to compel attendance. Objection to anser question or proddduce papers. Privileges of witnesses. Determination of questions relating to evidence and production of documents before the Council or committee. Limitation on privilege against incrimination of self or spouse. (Cap. 200.) Contempts. False evidence and deception. Interference with members, officers or witnesses. Offences by persons entering or remaining in precincts of Chamber. Journals printed by order of the Council to be admitted as evidence. Powers of President supplementary to powers under Letters Patent or Royal Instructions. Courts not to exercise jurisdiction in respect of acts ot the Council, President or officers. Officers of the Council to have powers of police officer. President may act when the Council is dissolved. Conssent of Attorney General to prosecute.

Originally 35 of 1985. L.N. 215/85. Short title. Interpretation. Freedom of speech and debate. Immunity from legal proceedings. Freedom from arrest. Service of civil process and exemptions. (Cap. 3.) Evidence of proceedings in the Council or any committee not to be given without leave. Regulation of admittance to precincts of the Chamber. Power to order attendance of witnesses. Attedance to be notified by summons. Witnesses may be examined on oath. Power to issue warrant to compel attendance. Objection to anser question or proddduce papers. Privileges of witnesses. Determination of questions relating to evidence and production of documents before the Council or committee. Limitation on privilege against incrimination of self or spouse. (Cap. 200.) Contempts. False evidence and deception. Interference with members, officers or witnesses. Offences by persons entering or remaining in precincts of Chamber. Journals printed by order of the Council to be admitted as evidence. Powers of President supplementary to powers under Letters Patent or Royal Instructions. Courts not to exercise jurisdiction in respect of acts ot the Council, President or officers. Officers of the Council to have powers of police officer. President may act when the Council is dissolved. Conssent of Attorney General to prosecute.

https://oelawhk.lib.hku.hk/items/show/3427

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