STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - CHAPTER 2703 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - LONG TITLE Long title (Ceased to apply) VerDate:01/07/1997 This instrument was not given a chapter number in the Loose-leaf Edition of the Laws of Hong Kong. Because of the design of the BLIS, an unofficial "chapter" number is assigned to this instrument in the database for identification purposes. This will enable users to carry out a search restricted to a particular instrument represented by its "chapter" number. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - LONG TITLE Long title VerDate:30/06/1997 This instrument was not given a chapter number in the Loose-leaf Edition of the Laws of Hong Kong. Because of the design of the BLIS, an unofficial "chapter" number is assigned to this instrument in the database for identification purposes. This will enable users to carry out a search restricted to a particular instrument represented by its "chapter" number. MADE BY THE LEGISLATIVE COUNCIL OF HONG KONG ON THE NINTH DAY OF OCTOBER 1968 IN PURSUANCE OF THE PROVISIONS OF CLAUSE XXIII OF THE HONG KONG ROYAL INSTRUCTIONS 1917 TO 1993 (NOS. 1 AND 2). (L.N. 258 of 1991; L.N. 42 of 1993; L.N. 381 of 1995) (Originally 2049 of 1968; G.N. 2050 of 1968) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 1 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 1 Oath or Affirmation VerDate:30/06/1997 PART A MEMBERS AND OFFICERS OF THE COUNCIL (1) Except for the purpose of enabling this order to be complied with, no Member of the Council shall sit or vote therein until he has made or subscribed an oath or affirmation in accordance with the provisions of the Oaths and Declarations Ordinance (Cap 11). Where a general election of all the elected Members is held, a Member who had previously made or subscribed such oath or affirmation shall again do so in compliance with this order before he sits or votes in the Council. (L.N. 138 of 1971; L.N. 189 of 1985; L.N. 258 of 1991) (2) (Repealed L.N. 258 of 1991) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 2 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 2 Language VerDate:30/06/1997 (1) A Member may address the Council in either the English or the Cantonese language. (L.N. 138 of 1971) (2) Every petition shall be in the English language or the Chinese language. (3) A petition in the Chinese language shall be accompanied by an English translation certified to be correct by a court translator. (L.N. 138 of 1971) (4) A petition in the English language shall be accompanied by a Chinese translation certified to be correct by a court translator. (L.N. 138 of 1971) (5) (Repealed L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 3 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 3 Presiding in Council and in Committee of the whole Council VerDate:30/06/1997 (1) There shall be a President of the Council who, when present at a sitting of the Council or a committee of the whole Council and able, in his opinion, to act, shall preside or be Chairman. (L.N. 42 of 1993) (2) In the absence of the President from a sitting of the Council or a committee of the whole Council or when, in his opinion, he is unable to act, there shall preside at that sitting- (a) the President's deputy; or (b) in the absence of the President's deputy from that sitting, or when, in his opinion, he is unable to act, the Member present who has held office as a Member for the longest continuous period of time. (L.N. 111 of 1994; L.N. 382 of 1995) (2A) For the purposes of paragraph (2)(b) where 2 or more Members have held office as Members for an equal continuous period of time (being the longest continuous period of time for which any Member has held office) the one of them who first made or subscribed the oath or affirmation in accordance with the Oaths and Declarations Ordinance (Cap 11) under Standing Order No. 1 (Oath or Affirmation) shall be deemed to have held office for the longest continuous period of time. (L.N. 111 of 1994; L.N. 382 of 1995) (3) (Repealed L.N. 42 of 1993) (4) The President's deputy or other Member presiding shall enjoy all those powers conferred by these Standing Orders on the President or Chairman that are exercisable in respect of the sitting, or part of the sitting, of the Council or a committee of the whole Council at which the President's deputy or that Member presides or is Chairman, or in respect of which the President has requested that he preside or be Chairman. (5) The President's deputy shall enjoy such of those powers conferred by these Standing Orders on the President or Chairman of a committee of the whole Council, other than those powers mentioned in paragraph (4) of this order, as the President may specify by notice in the Gazette. (L.N. 258 of 1991; L.N. 42 of 1993; L.N. 111 of 1994) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 3A (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 3A Election of President VerDate:30/06/1997 (1) The President shall be elected from amongst their number by Members of the Council. (L.N. 382 of 1995) (2) The President shall hold office until the dissolution of the Council. (3) The person holding the office of President immediately before a dissolution of the Council, or in his absence or inability to act, the person who was last the President's deputy, shall preside at a sitting of the Council held for the consideration of urgent business during that dissolution and shall be Chairman at a sitting of a committee of the whole Council held in consequence of such a sitting of the Council. If both such persons are absent or unable to act, the person who held office as a Member for the longest continuous period of time immediately before that dissolution, and who is present and able to act, shall preside. (L.N. 381 of 1995) (4) (Repealed L.N. 111 of 1994) (5) (Repealed L.N. 111 of 1994) (6) The election of the President shall be conducted by secret ballot at a sitting of the Council. (7) Subject to clause XXI of the Royal Instructions and these Standing Orders the House Committee shall determine the procedures for all matters relating to the election of the President. (L.N. 381 of 1995) (L.N. 42 of 1993) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 3B (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 3B President's deputy VerDate:30/06/1997 (1) The chairman of the House Committee elected as such under Standing Order No. 60C(2) "(House Committee) shall be the President's deputy. (L.N. 382 of 1995) (2) In the absence of the chairman of the House Committee or when, in his opinion, he is unable to act, the deputy chairman of the House Committee elected as such under Standing Order No. 60C(2) "(House Committee) shall act as President's deputy. (L.N. 382 of 1995) (3) The reference to the "chairman of the House Committee" in paragraphs (1) and (2) shall not include a person elected to act as chairman during the temporary absence of the chairman and deputy chairman. (L.N. 111 of 1994) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 4 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 4 Duties of the Clerk VerDate:30/06/1997 (1A) The Secretary General of the Legislative Council Secretariat shall be the Clerk to the Legislative Council. (L.N. 433 of 1994) (1B) The Clerk shall be responsible for advising the President on all matters relating to the procedure of the Council. (L.N. 433 of 1994) (1) The Clerk shall be responsible for keeping the minutes of the proceedings of the Council and of committees of the whole Council. The minutes of proceedings shall record the Members attending, all decisions taken, and details of every division held. (2) The Clerk shall be responsible for preparing from day to day an Order Book showing all future business of which notice has been given. The Order Book shall be open to the inspection of Members and public officers acting in the course of their duties relevant to Council business at all reasonable hours. (L.N. 314 of 1976; L.N. 255 of 1983; L.N. 382 of 1995) (3) The Clerk shall be responsible for preparing for each sitting an Order Paper showing the business for that sitting. (4) The Clerk shall be responsible for the custody of the votes, records, bills and other documents laid before the Council, which shall be open to inspection by Members and public officers acting in the course of their duties relevant to Council business at all reasonable hours, and by other persons under arrangements approved by the President. (L.N. 382 of 1995) (5) The Clerk, acting under the directions of the President, shall be responsible for the production of the Official Record of all proceedings in the Council and in the committee of the whole Council. (L.N. 138 of 1971; L.N. 258 of 1991) (6) The Clerk shall be responsible for providing every committee and subcommittee of the Council with a clerk. (L.N. 258 of 1991; L.N. 226 of 1992) (7) The Clerk shall perform the further duties laid upon him in these Standing Orders, and all other duties in the service of the Council ordered by the Council or directed by the President. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 4A (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 4A Counsel to the Legislature VerDate:30/06/1997 (1) The Legal Adviser of the Legislative Council Secretariat shall be the Counsel to the Legislature. (L.N. 433 of 1994) (2) The Counsel to the Legislature shall have the general duty of advising the President and the Clerk on legal questions arising in relation to the business or administration of the Council. (L.N. 433 of 1994) (L.N. 214 of 1984) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 4AA (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 4AA Attendance of the Governor VerDate:30/06/1997 The Governor may at his discretion attend sittings of the Council, or any committee or subcommittee thereof, for the following purposes- (a) addressing the Council at any time as he shall think fit, including during a special sitting; (b) enabling Members of the Council to put questions to him on any public matter for which the Government is responsible and receive answers thereto; and (c) proposing any policy, measure, bill, resolution, motion or question for debate by and in the Council or any such committee or subcommittee. (L.N. 42 of 1993) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 4B (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 4B Attendance of Public Officers VerDate:30/06/1997 (1) The Governor may, under the power conferred on him by clause XXIB(2) of the Royal Instructions, designate public officers to attend sittings of the Council, committees of the whole Council, the Finance Committee or subcommittees of the Finance Committee. (L.N. 394 of 1993) (2) A public officer so designated by the Governor may give notice to the Clerk of items of business to be included in the Order Paper or the agenda of the Finance Committee or a subcommittee of the Finance Committee. (L.N. 394 of 1993) (3) Where it appears to the Clerk, when preparing the Order Paper or the agenda showing the business for a sitting, that a particular item of business requires the attendance of a public officer so designated by the Governor, the Clerk shall state, in respect of that particular item, the name of the office of that public officer. (L.N. 258 of 1991; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 4C (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 4C Participation of Public Officers in Proceedings VerDate:30/06/1997 (1) The public officer whose office is stated in respect of a particular item of business in an Order Paper or an agenda for a sitting and a public officer who has notified the Clerk before the sitting that his attendance is required in respect of a particular item of business may attend at that sitting. (2) These Standing Orders, except Standing Orders Nos. 1 (Oath or Affirmation), 3 (Presiding in Council and in Committee of the whole Council), 4AA (Attendance of the Governor), 6(1) (Proceedings at First Sitting of Session), 10 (Quorum), 13 (Presentation of Petitions), the Standing Orders in Part J (Voting) and Standing Order No. 60(2) and (4) (Finance Committee), shall apply, in relation to the item of business in respect of which a public officer attends a sitting, to that public officer as they apply to a Member: Provided that Standing Order No. 29(a) (Interruptions) shall apply to a public officer only in relation to the item of business in respect of which he attends a sitting. (L.N. 465 of 1995) (3) Subject to clause XXIB(2) of the Royal Instructions, the Chief Secretary, the Financial Secretary and the Attorney General may attend any sitting of the Council, committees of the whole Council and other committees and subcommittees, and when attending sittings of the Council or committees of the whole Council these Standing Orders, except Standing Orders Nos. 1 (Oath or Affirmation), 3 (Presiding in Council and in Committee of the whole Council), 4AA (Attendance of the Governor), 4B (Attendance of Public Officers), 6(1) (Proceedings at First Sitting of Session), 10 (Quorum), 13 (Presentation of Petitions), and the Standing Orders in Part J (Voting), shall apply to them as they apply to a Member. (L.N. 382 of 1995) (L.N. 258 of 1991; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 5 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 5 Sessions VerDate:30/06/1997 PART B SESSIONS, SITTINGS AND ADJOURNMENTS OF THE COUNCIL (1) At least one session of the Council shall be commenced in every calendar year, but a session commenced in one calendar year may be continued and concluded in the following year. (L.N. 258 of 1991) (2) A session shall end on such date as the Governor may appoint by notice published in the Gazette, or on a dissolution of the Council, whichever is earlier. (L.N. 178 of 1988) (3) A session shall begin on such date as the Governor may appoint by notice published in the Gazette, save that the period between the last sitting of one session and the first sitting of the next session shall not exceed 3 calendar months. (L.N. 85 of 1973) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 6 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 6 Proceedings at First Sitting of Session VerDate:30/06/1997 (1) At the first sitting of a session Members who have not yet taken or subscribed an oath or affirmation in accordance with the provisions of the Oaths and Declarations Ordinance (Cap 11), shall then do so. (L.N. 189 of 1985) (2) Subject to paragraph (7) of this order, the Governor, if he so wishes, shall address the Council at the first sitting of a session. (L.N. 382 of 1995) (3) At a sitting not less than 14 days after the Governor has addressed the Council, a motion may be moved without notice for an address of thanks to the Governor for his address. (L.N. 258 of 1991) (4) (Repealed L.N. 258 of 1991) (5) A motion under paragraph (3) of this order shall be moved in the following form: (L.N. 258 of 1991) "That this Council thanks the Governor for his address.". (6) Amendments may be moved to the motion described in paragraph (5) of this order only by way of adding words at the end of the motion and may be moved without notice. (L.N. 258 of 1991) (7) If there is urgent business for the consideration of the Council at the first sitting of a session the Council shall proceed with that business, and the provisions of this order relating to the Governor's address shall apply to the next sitting at which there is no urgent business for the consideration of the Council. (L.N. 178 of 1988) (L.N. 138 of 1971) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 7 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 7 Commencement of Sittings VerDate:30/06/1997 (1) Sittings of the Council during each session shall be held on such days and shall begin at such hour as the President shall determine but a period of six weeks shall not elapse between the date of one sitting and the date appointed for the next sitting in the same session; except that the first sitting of a term of the Council shall be held on the date appointed by the Governor for the commencement of the first session of that term. (L.N. 85 of 1973; L.N. 382 of 1995) (2) Written notice of every sitting of the Council other than the first sitting of a new session and sittings held within 14 clear days of the commencement of the first session of a term of the Council shall be given by the Clerk to Members at least fourteen clear days before the day of the sitting but in cases of emergency and sittings held for the purposes of Standing Order No. 4AA (Attendance of the Governor) the President may dispense with such notice and in that event the longest possible notice shall be given. (L.N. 408 of 1992; L.N. 382 of 1995) (3) The President may, at any time after he has determined the day and hour upon which a sitting is to begin, change the day or hour so determined to a later day or hour, or to an earlier day or hour. (L.N. 258 of 1991) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 7A (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 7A Special Sittings during recess VerDate:30/06/1997 During any period when the Council is in recess between the end of one session and the beginning of the next session the Governor may, where he is satisfied that the public interest so requires, determine that a sitting of the Council shall be held on such day and shall begin at such hour as he may specify, and for this purpose these Standing Orders shall apply to that sitting as they apply to a sitting held during a session. (L.N. 214 of 1984; L.N. 178 of 1988) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 7B (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 7B Sittings for urgent business after a dissolution VerDate:30/06/1997 These Standing Orders shall apply to a sitting of the Council held for the consideration of urgent business following a dissolution of the Council as they apply to a sitting held during a session. (L.N. 178 of 1988) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 8 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 8 Hours of Sitting VerDate:30/06/1997 (1) Unless otherwise determined under Standing Order No. 7 (Commencement of Sittings), every sitting of a session shall begin at 2.30 p.m.; except that the first sitting of a term of the Council shall begin at 10.00 a.m. (L.N. 382 of 1995) (2) (Repealed L.N. 382 of 1995) (3) (Repealed L.N. 382 of 1995) (4) (Repealed L.N. 382 of 1995) (5) When in the opinion of the President it is necessary for the proper completion of the business on the Order Paper at a sitting of the Council to continue any unfinished business on another day, the President may order that the sitting shall continue on such other day for that purpose. Where the President so orders at a sitting of the Council, the sitting shall stand suspended and shall resume for the continuation of business on such other day at the time mentioned in paragraph (1) of this order. (L.N. 258 of 1991) (6) The President may at any time suspend a sitting or adjourn the Council. (L.N. 258 of 1991) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 9 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 9 Motions for the Adjournment of the Council VerDate:30/06/1997 (1) When for any sufficient reason it is not desired to formulate a motion in express terms for the purpose of debating a matter or matters, a motion that the Council do now adjourn may be moved for the purpose of such a debate. (2) Such a motion shall not require notice and may be moved only between two items of business. It may be moved by a Member or any designated public officer attending the sitting, with the permission of the President, if the President is satisfied that the adjournment is for the purpose of discussing a specific matter of urgent public importance. (L.N. 138 of 1971) (3) If such a motion shall be agreed to, the Council shall stand adjourned. (4) At the conclusion of all the business on the Order Paper a Member may move that this Council do now adjourn, for the purpose of raising any public matter for which the Government is responsible, with a view to eliciting a reply from a designated public officer. (L.N. 382 of 1995) (5) (Repealed L.N. 382 of 1995) (6) A Member who wishes to move a motion under the provisions of paragraph (4) of this order shall give notice of the matter in writing to the Clerk not less than seven clear days before the sitting at which he wishes to do so: (L.N. 138 of 1971; L.N. 314 of 1976) Provided that the President may in his discretion dispense with such notice. (6A) (Repealed L.N. 382 of 1995) (7) If at the expiration of forty-five minutes, or such longer period as the President may at any sitting determine, from the moving of a motion under paragraph (4) of this order a designated public officer has not yet been called upon to reply, the President shall direct the Member then speaking to resume his seat and shall call upon a designated public officer to reply. (L.N. 255 of 1983) (8) If at the expiration of one hour, or such longer period as the President may at any sitting determine, from the moving of the motion under paragraph (4) of this order such motion has not been agreed to, the President shall adjourn the Council without putting any question. (L.N. 138 of 1971; L.N. 255 of 1983) (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 10 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 10 Quorum VerDate:30/06/1997 (1) The quorum of the Council and of a committee of the whole Council shall consist of twenty Members including the President or Chairman. (L.N. 138 of 1971; L.N. 255 of 1983) (2) If the attention of the President is drawn to the fact that a quorum is not present, he shall direct the Members to be summoned. If after fifteen minutes have expired he is satisfied that a quorum is not present, he shall adjourn the Council without question put. (3) If the attention of the Chairman in committee of the whole Council is drawn to the fact that a quorum is not present, he shall act as provided in paragraph (2) of this order, save that if he is satisfied that a quorum is not then present the Council shall be resumed and the President shall count the Council. If a quorum is then present the Council shall again resolve itself into committee but if a quorum is not present the President shall adjourn the Council without question put. (4) If from the number of Members taking part in a division, including those who abstained from voting, it appears that a quorum is not present, the division shall be invalid, the question on which it was held shall stand over until the next sitting, and the procedure prescribed in paragraph (2) or paragraph (3) of this order shall be followed. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 11 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 11 Order of Business at a Sitting VerDate:30/06/1997 PART C ARRANGEMENT OF BUSINESS (1) The business of each sitting other than a sitting under Standing Order No. 4AA (Attendance of the Governor), Standing Order No. 6 (Proceedings at First Sitting of Session) or a sitting to elect the President shall be transacted in the following order: (L.N. 42 of 1993; L.N. 382 of 1995) (a) Administration of oath or affirmation. (L.N. 189 of 1985) (aa) Obituary and other ceremonial speeches. (L.N. 258 of 1991) (b) Reading by the President of messages and announcements by the President. (c) Presentation of petitions. (d) Laying on the Table of papers and of reports of select committees. (L.N. 138 of 1971) (e) Asking and answering of questions put to the Government. (f) Statements by designated public officers. (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (g) Personal explanations. (h) (Repealed L.N. 258 of 1991) (i) Proceedings on motions and bills. (ia) Requests for leave under Standing Order No. 67A (Procedure for Obtaining Leave for Member to Attend as Witness in Civil Proceedings) and Standing Order No. 67B (Procedure for Obtaining Leave to Give Evidence of Council Proceedings). (L.N. 382 of 1995) (j) Proceedings under Standing Order No. 9(4) (Motions for the Adjournment of the Council). (L.N. 382 of 1995) (k) (Repealed L.N. 382 of 1995) (2) The items of business mentioned in sub-paragraphs (a), (aa), (b), (c), (d), (f) and (g) of paragraph (1) of this order shall not require notice; but with the exception of items (a) and (b) they shall not be entered upon save with the previous leave of the President. (L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 12 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 12 The Order Paper VerDate:30/06/1997 (1) The Order Paper shall be in English and Chinese. All items of business for a sitting of which notice has been given shall be placed on the Order Paper for that sitting in the order required by Standing Order No. 11 (Order of Business at a Sitting). (L.N. 333 of 1988) (2) All questions to the Government shall be placed on the Order Paper in accordance with the provisions of Standing Order No. 19(1) and (2) (Asking and Answering of Questions). (L.N. 258 of 1991; L.N. 382 of 1995) (3) Motions proposed to be made by and bills in the charge of public officers shall be placed on the Order Paper before motions proposed to be made by and bills in the charge of Members. (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (4) This Standing Order does not apply to a sitting under Standing Order No. 4AA (Attendance of the Governor), Standing Order No. 6 (Proceedings at First Sitting of Session) or a sitting to elect the President. (L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 13 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 13 Presentation of Petitions VerDate:30/06/1997 PART D PETITIONS AND PAPERS (1) A petition may be presented to the Council only by a Member. (2) A Member who wishes to present a petition to the Council shall inform the President not later than the day before the sitting at which he wishes to present it. When so informing the President he shall certify in writing to the President that the petition is respectful and, in his opinion, deserving of presentation. (3) Except on the recommendation of the Governor, the President shall not permit a petition to be received if, in his opinion, the petition requests that provision should be made for imposing or increasing a tax, for imposing or increasing a charge on the revenue or other public moneys of Hong Kong or for altering such a charge otherwise than by reducing it, or for compounding or remitting a debt due to the Crown. (L.N. 255 of 1983) (4) The signification of the Governor's recommendation shall be recorded in the minutes of proceedings. (5) No speech shall be made by a Member presenting a petition beyond a summary statement of the number and description of the petitioners and the substance of the petition. (6) If, immediately after a petition has been presented, a Member rises in his place and requests that the petition be referred to a select committee, the President shall call upon those Members who support the request to rise in their places. If not less than twenty Members then rise the petition shall stand referred to a select committee. (L.N. 314 of 1976; L.N. 255 of 1983) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 14 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 14 Presentation of Papers VerDate:30/06/1997 (1) A paper may be presented to the Council by a designated public officer, or, with the permission of the President, by a Member. (L.N. 221 of 1987; L.N. 258 of 1991) (2) Whenever a Member or a designated public officer wishes to present a paper he shall send a copy of it to the Clerk, who shall distribute a copy to each Member and may also arrange for its publication. A copy of the paper shall be laid on the Table of the Council at the opening of the next sitting and the Clerk shall record its laying and the date of publication in the minutes of the proceedings of that sitting. (3) Whenever a paper has been laid on the Table of the Council, the Member or the designated public officer presenting it may, with the permission of the President, address the Council thereon. (4) A Member or a designated public officer may, with the consent of the President, address the Council on subsidiary legislation laid on the Table of the Council, provided that the period (or any extended period) under section 34 of the Interpretation and General Clauses Ordinance (Cap 1) for amendment of the subsidiary legislation has not expired. A Member or a designated public officer who wishes to address the Council under this paragraph at any sitting shall inform the President of his wish before the beginning of that sitting. (L.N. 382 of 1995) (5) No debate may arise on any address presented by a Member or a designated public officer under paragraph (3) or (4) but the President may in his discretion allow short questions to be put to the Member or the designated public officer making the address for the purpose of elucidating any matter raised by the Member or the designated public officer in the course of his address. (L.N. 408 of 1992) (L.N. 138 of 1971; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 15 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 15 Nature of Questions VerDate:30/06/1997 PART E QUESTIONS TO THE GOVERNMENT (1) Any Member may address a question to the Government relating to a public matter for which the Government is responsible, and either seeking information on such matter or asking for official action with regard to it. (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (2) A question shall specify whether an oral or a written reply is required. (L.N. 138 of 1971) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 16 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 16 Question Time VerDate:30/06/1997 (1) Questions may be asked at any sitting except the first sitting of a session. (2) Not more than twenty questions of which notice has been given may be asked at any one sitting and the questions shall be counted by the Clerk in the manner recommended by the House Committee and agreed by the President. (L.N. 256 of 1976; L.N. 258 of 1991; L.N. 382 of 1995) (3) Where, in the opinion of the President, there will be no debate on a substantive motion at a sitting, no more than ten questions shall require an oral reply. Where, in the opinion of the President, there will be such a debate, no more than six questions shall require an oral reply. The questions shall be counted by the Clerk in the manner recommended by the House Committee and agreed by the President. (L.N. 258 of 1991; L.N. 114 of 1992; L.N. 408 of 1992; L.N. 382 of 1995) (3A) The House Committee may recommend to the President that in respect of a particular sitting no question requiring an oral reply should be asked; and if the President accepts such recommendation no such question shall be asked at that sitting, save that the President may permit urgent questions under the provisions of Standing Order No. 17(4) (Notice of Questions). (L.N. 382 of 1995; L.N. 465 of 1995) (4) In this order, "substantive motion" means a motion that is independent and not subsidiary to another motion, and does not include a motion under Standing Order No. 6 (Proceedings at First Sitting of Session) or under Parts K (Procedure on Bills) and L (Financial Procedure) of these Standing Orders. (L.N. 258 of 1991) "substantive motion" STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 17 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 17 Notice of Questions VerDate:30/06/1997 (1) A question shall not be asked without notice except as provided in paragraph (4) of this order. (2) A Member shall give notice of a question by delivering to the office of the Clerk, not later than seven clear days before the sitting at which an answer is required, a copy thereof signed by the Member; provided that for questions requiring an answer at the second sitting of the first session of a term the period of notice shall be not less than 4 clear days. (L.N. 138 of 1971; L.N. 408 of 199; L.N. 382 of 1995) (3) A Member may not ask more than two questions of which notice has been given at any one sitting and not more than one of those questions shall require an oral reply: Provided that the President may, if in his opinion an additional question is an important one of public concern, allow a Member to ask that additional question. (L.N. 258 of 1991) (4) If a Member asks the permission of the President to ask a question without notice on the ground that it is of an urgent character and relates to a matter of public importance, the President may permit the question to be asked without notice, if he is satisfied that it is of that nature and that sufficient private notice of the question has been or is to be given by the Member concerned to the Government to enable the question to be answered. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 18 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 18 Contents of Questions VerDate:30/06/1997 (1) A question shall conform to the following rules: (a) A question shall not include the names of persons, or statements which are not strictly necessary to make the question intelligible. (b) A question shall not contain a statement which the Member who asks the question is not prepared to substantiate. (c) A question shall not contain arguments, inferences, opinions, imputations or epithets, or tendentious, ironical or offensive expressions. (d) A question shall not contain independant questions or be so complex that it cannot reasonably be answered as a single question. (L.N. 258 of 1991) (e) A question shall not refer to proceedings in a committee before that committee has made its report to the Council. (f) A question shall not seek information about a matter which is of its nature secret. (g) A question shall not reflect on the decision of a court of law or be so drafted as to be likely to prejudice a case pending in a court of law. (h) A question shall not be asked for the purpose of obtaining an expression of opinion, the solution of an abstract legal question, or the answer to a hypothetical proposition. (i) A question shall not be asked whether statements in the press or of private individuals or private concerns are accurate. (j) A question shall not be asked about the character or conduct of any person mentioned in Standing Order No. 31(7) and (8) (Contents of Speeches) and a question shall not be asked about the character or conduct of any other person except in his official or public capacity. (L.N. 382 of 1995) (k) A question shall not be asked seeking information which can be found in accessible documents or ordinary works of reference. (l) A question which has been fully answered shall not be asked again during the same session. (2) If the President is of the opinion that a question of which a Member has given notice to the Clerk or which a Member has sought to ask without notice infringes any of the provisions of Standing Order No. 15 (Nature of Questions) or of this order, he may direct- (a) that it be placed on the Order Paper with such alterations as he may direct; or (b) in the case of a question which a Member has sought to ask without notice, that it may be so asked with such alterations as he may direct; or (c) that the Member concerned be informed that the question is out of order. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 19 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 19 Asking and Answering of Questions VerDate:30/06/1997 (1) Every question in respect of which a Member has given due notice under the provisions of Standing Order No. 17 (Notice of Questions) and which complies with the provisions of Standing Order No. 18 (Contents of Questions) shall be put on the Order Paper for the sitting at which the Member has stated that he wishes to ask it. (2) The questions to be asked at each sitting shall, subject to the provisions of Standing Order No. 16(2) (Question Time), be placed on the Order Paper by the Clerk in the order in which notice of them was received by him, and when a Member has given notice of several questions at the same time in the order indicated by the Member. (L.N. 382 of 1995) (3) When each question is reached on the Order Paper the President shall, except in the case of a question for which a written answer has been sought, call on the Member in whose name the question stands. The Member alled shall then rise in his place and ask the question and the designated public officer who is to answer it shall give his reply. (L.N. 138 of 1971; L.N. 314 of 1976; L.N. 221 of 1987; L.N. 382 of 1995) (4) After an answer has been given to a question supplementary questions may be put by any Member when called upon by the President for the purpose of elucidating that answer, but the President shall refuse to allow a supplementary question to be answered, if in his opinion it introduces matter which is not related to the original question or answer or which infringes any of the provisions of Standing Order No. 15 (Nature of Questions) or Standing Order No. 18 (Contents of Questions). (5) A Member shall not address Council on a question and a question shall not be made a pretext for a debate. (6) If a Member is not present to ask his question when his name is called the question may with his consent be asked by another Member, but otherwise shall be treated as a question for which a written answer has been sought. (L.N. 287 of 1996) (7) In the case of a question for which a written answer has been sought, or in the case of a supplementary question for which a written answer has been offered, a written answer shall be supplied to each Member and shall be printed in the Official Record. (L.N. 138 of 1971; L.N. 255 of 1983) (8) A Member who has given notice of a question may withdraw the question by giving notice to the Clerk before 1.00 p.m. on the day of the sitting at which the question is to be asked. (L.N. 287 of 1996) (L.N. 258 of 1991) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 19A (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 19A Sitting under Standing Order No. 4AA VerDate:30/06/1997 This Part (other than Standing Order No. 18 (Contents of Questions)) does not apply to questions put to the Governor under Standing Order No. 4AA (Attendance of the Governor). (L.N. 42 of 1993; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 20 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 20 Statements by designated public officers VerDate:30/06/1997 PART F STATEMENTS (1) A designated public officer who wishes to make a statement on some public matter for which the Government is responsible shall inform the President of his wish before the beginning of the sitting at which he wishes to make the statement. (L.N. 221 of 1987) (2) No debate may arise on such a statement but the President may in his discretion allow short questions to be put to the public officer making the statement for the purpose of elucidating it. (L.N. 258 of 1991; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 21 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 21 Notice of Motions and Amendments VerDate:30/06/1997 PART G MOTIONS (1) Except as otherwise provided in these Standing Orders, no motion shall be moved in the Council or a committee of the whole Council unless notice of it has been given not less than twelve clear days before the day on which the motion is to be considered by the Council or a committee of the whole Council: (L.N. 138 of 1971) Provided that the President or Chairman, as the case may be, may in his discretion dispense with such notice. (1A) No motion to amend subsidiary legislation which is subject to the provisions of section 34 of the Interpretation and General Clauses Ordinance (Cap 1) shall be moved in Council unless notice of it has been given not less than five clear days before the day on which the motion is to be considered by the Council: Provided that the President may in his discretion dispense with such notice. (L.N. 382 of 1995) (1B) No motion to extend the period referred to in section 34(4) of the Interpretation and General Clauses Ordinance (Cap. 1) in relation to subsidiary legislation shall be moved in Council unless notice of it has been given not less than three clear days before the day on which the motion is to be considered by the Council: Provided that the President may in his discretion dispense with such notice. (L.N. 382 of 1995) (1C) The notice period required for any amendment to a motion referred to in paragraph (1A) or (1B) shall be decided by the President according to his discretion. (L.N. 382 of 1995) (2) Except as otherwise provided in these Standing Orders, no amendment shall be moved to a motion unless- (a) notice of the amendment has been given not later than five clear days before the day on which the motion concerned is to be considered by the Council or a committee of the whole Council; or (b) the President or Chairman, as the case may be, gives leave to dispense with notice of the amendment. (L.N. 258 of 1991; L.N. 408 of 1992) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 22 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 22 Manner of Giving Notice of Motions and Amendments VerDate:30/06/1997 (1) Notice of a motion or an amendment shall be given by delivering a copy of the motion or amendment in writing to the office of the Clerk. The notice shall be signed by the Member wishing to move the motion or amendment. (1A) A notice of an amendment to a motion shall be in English if the motion is in English and in Chinese if the motion is in Chinese. (L.N. 333 of 1988) (1B) (Repealed L.N. 382 of 1995) (2) A notice of a motion or an amendment shall be submitted to the President, who shall direct- (a) that it be printed in the terms in which it was handed in; or (b) that it be printed with such alterations as he may direct; or (c) that it be returned to the Member who signed it, as being in his opinion out of order. (3) (Repealed L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 23 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 23 Restriction on Motions and Amendments VerDate:30/06/1997 A motion or amendment, the object or effect of which may, in the opinion of the President or Chairman, be to dispose of or charge any part of the revenue or other public moneys of Hong Kong shall be proposed only by- (a) the Governor; (b) a public officer designated by the Governor under Standing Order No. 4B (Attendance of Public Officers); or (L.N. 382 of 1995) (c) a Member of the Council expressly authorized or permitted by the Governor to make such a proposal. (L.N. 42 of 1993) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 23A (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 23A Motions on Previous Decisions of Council VerDate:30/06/1997 Where the Council has taken a decision on a specific question no further motion shall be moved in relation to that question during the current session except a substantive motion to rescind the decision, moved with the permission of the President. (L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 24 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 24 Manner of Debating Motions VerDate:30/06/1997 (1) A Member called upon by the President or Chairman to move a motion shall rise in his place and in moving the motion shall make such remarks as he may wish. (L.N. 314 of 1976) (2) When a motion has been moved, the President or Chairman shall propose the question thereon to the Council or the committee of the whole Council; debate may then take place on that question. (L.N. 314 of 1976; L.N. 258 of 1991) (3) Amendments of which notice has been given or dispensed with in accordance with Standing Order No. 21(2)(a) or (b) (Notice of Motions and Amendments) may be moved to a motion at any time after the question has been proposed on the motion by the President or Chairman and after all the amendments have been disposed of the President or Chairman shall again propose the question on the motion, or shall propose the question on the motion as amended, as the case may require, and a further debate may take place. (L.N. 382 of 1995; L.N. 465 of 1995) (4) When no more Members wish to speak the President or Chairman shall put the question on the motion, or on the motion as amended, to the Council or to the committee of the whole Council for its decision. (L.N. 258 of 1991; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 25 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 25 Manner of Debating Amendments to Motions VerDate:30/06/1997 (1) A Member called upon by the President or Chairman to move an amendment to a motion shall rise in his place and after making such remarks as he may wish to make shall move the amendment. (2) An amendment to a motion shall take one of the following forms- (a) To leave out one or more words of the motion. (b) To insert or add one or more words in the motion or at the end of the motion. (c) To leave out one or more words of the motion and to insert or add one or more words instead. (3) When an amendment has been moved the President or Chairman shall thereupon propose the question that the amendment be made; and a debate may then take place on that question. (4) When two or more amendments are proposed to be moved to the same motion the President or Chairman shall call on the movers in the order in which their amendments relate to the text of the motion, or in cases of doubt in the order decided by the President or Chairman. (5) When no more Members wish to speak the President or Chairman shall put the question that the amendment be made to the Council or the committee of the whole Council for its decision. (L.N. 258 of 1991) (L.N. 138 of 1971) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 26 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 26 Withdrawal of Motions and Amendments VerDate:30/06/1997 (1) A motion or an amendment may be withdrawn at the request of the mover by leave of the Council or committee of the whole Council before the question is fully put thereon, if there is no dissenting voice. A motion or amendment which has been so withdrawn may be proposed again if, in the case of a motion, the notice required by these Standing Orders is given. (L.N. 258 of 1991) (2) A notice of a motion or an amendment may be withdrawn at any time before it is moved, if the Member in whose name the motion or amendment stands gives instructions to that effect to the Clerk. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 27 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 27 Time and Manner of Speaking VerDate:30/06/1997 PART H RULES OF DEBATE (1) A Member shall speak standing and shall address his observations to the President or Chairman. (2) When the President or Chairman rises, during proceedings in Council or in committee of the whole Council, every Member shall be seated. (3) If two or more Members rise or raise their hands at the same time to speak, the President or Chairman shall select one Member and call on him to speak. (4) When a Member has finished speaking he shall resume his seat and any other Members wishing to speak shall rise or raise their hands. (5) Subject to Standing Order No. 27A (Recommendations of House Committee as to time of Speaking), 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 fifteen minutes. (L.N. 258 of 1991; L.N. 26 of 1993) (6) The restriction on speaking time referred to in paragraph (5) shall not apply to designated public officers. (L.N. 382 of 1995) (L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 27A (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 27A Recommendations of House Committee as to time of Speaking VerDate:30/06/1997 (1) In relation to any motion or amendment to a motion (other than a motion intended to have legislative effect) to be moved at a sitting of the Council, whether or not the motion or amendment has at the time been placed on the Order Paper, the House Committee may recommend- (a) that the mover of the motion should not speak for more than a specified number of minutes (such period to be inclusive of any speech in reply under Standing Order No. 28(3) (Occasions where a Member may speak more than once)); (b) that the mover of an amendment to the motion should not speak for more than a specified number of minutes; and (c) that other Members each should not speak for more than a specified number of minutes. (2) Where the House Committee so recommends under paragraph (1) the Chairman shall cause the President to be notified in writing of the Committee's recommendations. (3) Any recommendations of the House Committee under paragraph (1), if accepted by the President (in which event he shall so inform Members as soon as practicable prior to calling upon the Member to move the motion), shall be binding upon all Members, but not upon designated public officers, and the President shall direct any Member speaking in excess of the recommended specified time to discontinue his speech. (L.N. 26 of 1993; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 28 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 28 Occasions when a Member may speak more than once VerDate:30/06/1997 (1) Save with the leave of the President, a Member may not speak more than once on a question, except- (a) in committee of the whole Council; or (L.N. 382 of 1995) (b) in explanation as provided in paragraph (2) of this order; or (c) in the case of the mover of a motion, in reply as provided in paragraph (3) of this order; or (d) upon a motion "That this Council thanks the Governor for his address" as provided in paragraph (6) of this order. (L.N. 217 of 1980) (2) A Member who has spoken on a question may again be heard, if the President so permits, to explain some part of his speech which has been misunderstood, but when speaking he shall not introduce new matter. (3) In the Council the mover of a motion may reply after all other Members present have had an opportunity of speaking and before the question is put; but the mover of an amendment shall not have the right of reply. (4) A Member who has spoken on a question may speak again on an amendment proposed to that question, and on a motion that the debate now be adjourned moved during the debate on that question. (5) No Member may speak on a question after it has been fully put to the Council or a committee of the whole Council for decision by the President or Chairman. (L.N. 382 of 1995) (6) A designated public officer who has spoken on a motion "That this Council thanks the Governor for his address" may speak a second time upon that motion in reply to any matter raised during the debate on the motion. (L.N. 217 of 1980; L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 29 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 29 Interruptions VerDate:30/06/1997 A Member shall not interrupt another Member, except- (a) by rising to a point of order, when the Member speaking shall resume his seat and the Member interrupting shall direct attention to the point which he wishes to bring to notice and submit it to the President or Chairman for decision; or (b) to seek elucidation of some matter raised by that Member in the course of his speech, if the Member speaking is willing to give way and resume his seat and the Member wishing to interrupt is called by the President or Chairman. (L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 30 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 30 Adjournment of Debate or of Proceedings of a Committee VerDate:30/06/1997 (1) A Member who has risen to speak on a question in the Council may move without notice that the debate be now adjourned. Thereupon the President shall propose the question on that motion. (L.N. 138 of 1971) (2) When a motion that the debate be now adjourned has been agreed to, the debate on the question then before the Council shall stand adjourned and the Council shall proceed to the next item of business. (3) When a motion that the debate be now adjourned has been negatived, the debate on the question then before the Council shall be continued and no further motion that the debate be now adjourned shall be moved during that debate except by a designated public officer. (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (4) When the Council is in committee a Member may move without notice that further proceedings of the committee be now adjourned. Thereupon the Chairman shall propose the question on that motion. If the motion is agreed to, the Council shall resume; but if the motion is negatived, the committee shall continue its proceedings. (5) It shall not be in order to move an amendment to a motion under the provisions of this order. (6) A debate adjourned under the provisions of paragraph (2) of this order may be resumed at a subsequent sitting of the Council provided that the Member or public officer who moved the motion for that debate, or in the case of a debate on a bill, the Member or public officer in charge of the bill, shall give notice in writing to the Clerk of his intention to resume the debate not less than five clear days before the day on which the debate is to be resumed: (L.N. 465 of 1995) Provided that the President may in his discretion dispense with such notice. (L.N. 382 of 1995) (7) Proceedings of a committee of the whole Council adjourned under the provisions of paragraph (4) of this order may be resumed at a subsequent sitting of the committee provided that the Member or public officer in charge of the bill to which the adjourned proceedings relate shall give notice in writing to the Clerk of his intention to resume the proceedings not less than five clear days before the day on which the proceedings are to be resumed: Provided that the Chairman may in his discretion dispense with such notice. (L.N. 382 of 1995) (8) The provisions of paragraphs (1), (2), (3), (4) and (5) of this order shall apply to any debate or proceedings resumed under the provisions of paragraphs (6) and (7). (L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 31 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 31 Contents of Speeches VerDate:30/06/1997 (1) A Member shall restrict his observations to the subject under discussion and shall not introduce matter irrelevant to that subject. (2) Reference shall not be made to a case pending in a court of law in such a way as, in the opinion of the President or Chairman, might prejudice that case. (3) It shall be out of order to attempt to reconsider a specific question on which the Council has taken a decision during the current session, except in debate on a substantive motion to rescind that decision moved with the permission of the President. (L.N. 382 of 1995) (4) It shall be out of order to use offensive and insulting language about Members of the Council. (5) A Member shall not impute improper motives to another Member. (6) The name of Her Majesty or of the Governor shall not be used to influence the Council. (7) The conduct of Her Majesty and Members of the Royal Family shall not be called in question. (8) The conduct of the Governor or Members of the Executive or Legislative Councils otherwise than in the performance of their official duties shall not be raised. (L.N. 258 of 1991) (9) The conduct of Judges or other persons performing judicial functions shall not be raised. (L.N. 258 of 1991) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 32 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 32 Behaviour of Members not Speaking VerDate:30/06/1997 During a sitting of the Council- (L.N. 382 of 1995) (a) all Members shall enter or leave the Council with decorum; (b) no Member shall cross the floor of the Council unnecessarily; (c) Members shall not read newspapers, books, letters or other documents, except such matter therein as may be directly connected with the business of the Council; and (d) while a Member is speaking all other Members shall be silent and shall not make unseemly interruptions. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 32A (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 32A Application of Rules to Committees VerDate:30/06/1997 The rules in this Part shall apply to the proceedings in a standing or select committee unless the chairman of the committee orders otherwise. (L.N. 258 of 1991) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 33 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 33 Decision of Chair Final VerDate:30/06/1997 PART I RULES OF ORDER The President in Council, the Chairman in a committee of the whole Council or the chairman of any standing or select committee shall be responsible for the observance of the rules of order in the Council and committee respectively. His decision on a point of order shall be final. (L.N. 258 of 1991) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 34 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 34 Order in Council and Committee VerDate:30/06/1997 (1) The President, the Chairman of a committee of the whole Council or the chairman of any standing or select committee, after having called the attention of the Council or the committee to the conduct of a Member who persists in irrelevance or tedious repetition of his own or other Members' arguments in the debate, may direct him to discontinue his speech. (2) The President, the Chairman of a committee of the whole Council or the chairman of any standing or select committee shall order a Member whose conduct is grossly disorderly to withdraw immediately from the Council or the committee for the remainder of that sitting; and the Clerk shall act on orders received by him from the Chair to ensure compliance with this order. (L.N. 258 of 1991) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 35 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 35 Decision of Questions VerDate:30/06/1997 PART J VOTING (1) All questions put to the Council or a committee of the whole Council shall be decided by a majority of the votes of the Members present and voting. (2) The President or Chairman shall, if the votes be equally divided, have a casting vote in addition to his original vote. (L.N. 382 of 1995) (L.N. 258 of 1991) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 36 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 36 Collection of Voices VerDate:30/06/1997 (1) When the President or Chairman puts a question to the Council or to the committee of the whole Council for its decision he shall first call upon those Members who are in favour of the question to say "Aye" and then upon those who are against the motion to say "No". (L.N. 258 of 1991) (2) As soon as the President or Chairman has collected the voices of the Ayes and of the Noes, the question being then fully put no other Member may speak to it. (3) The President or Chairman may, according to his judgment of the number of voices on either side, then state that he thinks the Ayes have it or that he thinks the Noes have it, as the case may be; and if no Member challenges his statement as provided in the next succeeding paragraph he shall declare the question to have been so decided. (4) If a Member challenges the statement of the President or Chairman that he thinks the Ayes or the Noes have it by claiming a division, then the President or Chairman shall order the Council or the committee, as the case may be, to proceed to a division; and, subject to Standing Order No. 37(4) to (7) (Divisions), the division shall be held forthwith immediately after a division bell has been rung for three minutes. (L.N. 258 of 1991; L.N. 133 of 1996) (5) (Repealed L.N. 258 of 1991) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 36A (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 36A Use of Electronic Voting System VerDate:30/06/1997 Unless the President or Chairman otherwise directs, where an electronic system of voting is provided in the Council or a committee of the whole Council for the purposes of a division, the Members present and voting shall cast their votes in the division by using such electronic system in accordance with the operating requirements of the system, and the President or Chairman shall declare the result of the division accordingly. (L.N. 258 of 1991; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 37 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 37 Divisions VerDate:30/06/1997 (1) Subject to Standing Order No. 36A (Use of Electronic Voting System), when a division has been ordered, the votes shall be taken by the Clerk, who shall ask each Member separately how he wishes to vote. A Member shall, upon his name being called, give his vote saying "Aye" or "No" or by expressly stating that he abstains from voting. (L.N. 258 of 1991; L.N. 382 of 1995) (2) As soon as the Clerk has taken the votes, the President or Chairman shall state the number voting for the Ayes and for the Noes respectively and shall then declare the result of the division. (3) If a Member states that he voted in error or that his vote has been counted wrongly, he may claim to have his vote altered, if his statement is made before the President or Chairman has declared the result of the division. (4) Immediately after the President has declared the result of a division on an amendment to a motion, or the Chairman has declared the result of a division on an amendment to a bill, a Member may move without notice that in the event of further divisions being claimed in respect of the motion or any amendments thereto, or in respect of any amendments to the bill, the Council or the committee of the whole Council do proceed to each of such divisions immediately after the division bell has been rung for one minute. Thereupon the President or the Chairman shall propose the question on that motion. (L.N. 133 of 1996) (5) When a motion under paragraph (4) has been agreed to the President or the Chairman shall order accordingly in respect of each of such further divisions, if any. (L.N. 133 of 1996) (6) Where there is more than one motion in respect of subsidiary legislation on the Order Paper (excluding motions referred to in Standing Order No. 21(1B) (Notice of Motions and Amendments)) then, immediately after the President has declared the result of the first division on any such motion or any amendment thereto, a Member may move without notice that in the event of further divisions being claimed at that sitting in respect of motions on subsidiary legislation, or amendments thereto, the Council do proceed to each of such divisions immediately after the division bell has been rung for one minute. Thereupon the President shall propose the question on that motion. (L.N. 133 of 1996) (7) When a motion under paragraph (6) has been agreed to the President shall order accordingly in respect of each of such further divisions, if any. (L.N. 133 of 1996) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 38 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 38 Form of Bills VerDate:30/06/1997 PART K PROCEDURE ON BILLS (1) A bill for presentation to the Council shall conform to the requirements laid down in this order. (2) The bill shall be given a short title corresponding with the title by which it is to be cited if it becomes law, and that short title shall remain unchanged throughout the passage of the bill. (L.N. 258 of 1991) (3) The bill shall be given a long title setting out the purposes of the bill in general terms. (3A) Bills may be presented in English or Chinese. (L.N. 333 of 1988) (4) The clauses of the bill shall be preceded by the enacting formula prescribed by law. (5) The bill shall be divided into clauses numbered consecutively and having a descriptive section heading above each clause. (L.N. 178 of 1988) (6) An explanatory memorandum stating the contents and objects of the bill in non-technical language shall be attached to the bill. (7) In the case of a bill, not being a Government measure, intended to affect or benefit some particular person, association or corporate body, there shall be included in the bill a clause saving the rights of Her Majesty, Her heirs and successors, all bodies politic and corporate, and all others except such as are mentioned in the bill, and those claiming by, from and under them. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 39 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 39 Notice of Presentation of Bills VerDate:30/06/1997 (1) A Member or a designated public officer may at any time give notice of his intention to present a bill; such notice shall be sent to the office of the Clerk and shall be accompanied by a copy of the bill and memorandum required by Standing Order No. 38 (Form of Bills), and in the case of a Member, also by a certificate signed by the Law Draftsman pursuant to paragraph (1A). (L.N. 433 of 1994; L.N. 465 of 1995) (1A) In the case of a bill to be presented by a Member, the Law Draftsman, if satisfied that the bill conforms to the requirements of Standing Order No. 38 (Form of Bills) and the general form of Hong Kong legislation, shall issue a certificate to that effect. (L.N. 433 of 1994) (2) In the case of a bill having any object or effect such as is described in Standing Order No. 23 (Restriction on Motions and Amendments), the notice shall be accompanied by a certificate signed by the Chief Secretary, stating that the Governor's authorization or permission will be signified to the bill on second reading. (L.N. 314 of 1976) (2A) In the case of a bill presented in one official language in pursuance of a direction under section 4(3) of the Official Languages Ordinance (Cap. 5), the notice shall be accompanied by a certificate signed by the Chief Secretary stating that the Governor in Council has directed that the bill should be presented in the English language or, as the case may be, the Chinese language. (L.N. 333 of 1988) (3) In the case of a bill presented by a Member having any intention such as is described in Standing Order No. 38(7) (Form of Bills), the notice shall be accompanied by a certificate signed by the Member, stating that the bill has been published in two successive publications of the Gazette and that notice of the bill has been given by two advertisements in each of two daily newspapers published in Hong Kong, one of which shall be a Chinese language newspaper. (L.N. 255 of 1983; L.N. 221 of 1987; L.N. 258 of 1991) (3A) (a) 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. (b) If a bill which has been read for the second time is subsequently withdrawn another bill with substantially the same provisions may be presented in the same session, subject to the provisions of Standing Order No. 38 (Form of Bills), this Order and Standing Order No. 40 (Presentation and Publication of Bills). (L.N. 382 of 1995) (4) A Member presenting a bill shall be known throughout the subsequent proceedings on the bill as the Member in charge of the bill. (5) A public officer presenting a bill shall be known throughout the subsequent proceedings on the bill as the public officer in charge of the bill; and references in these Standing Orders to a Member in charge of a bill include a public officer in charge of a bill. (L.N. 258 of 1991) (L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 40 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 40 Presentation and Publication of Bills VerDate:30/06/1997 (1) The Clerk shall, after receipt of a bill for presentation to the Council, cause the text of the bill and its explanatory memorandum to be published in the Gazette unless- (a) the President directs that the bill shall not be published in the Gazette before it has been read the first time; or (L.N. 258 of 1991) (b) the bill has already been published in the Gazette in accordance with Standing Order No. 39(3) (Notice of Presentation of Bills). (L.N. 382 of 1995) (2) The Clerk shall, after receipt of a bill for presentation to the Council, cause a copy of the bill and its explanatory memorandum to be sent to every Member present within Hong Kong, whereupon the bill shall be deemed to have been presented to the Council. (L.N. 138 of 1971) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 41 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 41 First Reading of Bills VerDate:30/06/1997 (1) The short title of a bill presented to the Council in accordance with Standing Order No. 40(2) (Presentation and Publication of Bills) shall be placed on the Order Paper for first reading at such sitting as may be specified to the Clerk by the Member in charge of the bill. (L.N. 138 of 1971; L.N. 382 of 1995) (2) No debate shall be allowed upon the first reading of a bill; and the bill shall be deemed to have been read the first time upon the Clerk reading the short title. (3) When a bill has been read the first time, the Council shall be deemed to have ordered the bill to be set down for second reading, and the order of the Council shall be so recorded in the minutes of proceedings; and notice of motion for second reading shall not be required to be given by the Member in charge of the bill. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 42 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 42 Second Reading VerDate:30/06/1997 (1) In the case of a bill presented by a Member having any object or effect such as is described in Standing Order No. 23 (Restriction on Motions and Amendments), the President shall call for the signification of the authorization or permission of the Governor by a designated public officer before the Council enters upon consideration of the second reading of the bill and the motion that the bill be now read the second time shall not be moved unless such authorization or permission has been signified accordingly. (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (2) The signification of the Governor's authorization or permission shall be recorded in the minutes of proceedings. (L.N. 382 of 1995) (3) Subject to paragraphs (3A) and (3B), the Council shall proceed to the second reading of a bill on a motion that the bill be now read the second time; and on this motion a debate may arise covering the general merits and principles of the bill. (L.N. 226 of 1992) (3A) Except in relation to Appropriation 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. (L.N. 226 of 1992) (3B) When a debate has been adjourned under paragraph (3A), it may be resumed on notice by the Member or public officer in charge of the bill, given by him in writing delivered to the office of the Clerk, after consultation with the chairman of the House Committee, subject to the following- (a) subject to subparagraphs (b) and (c), resumption of debate shall not take place earlier than 9 clear days after the sitting of House Committee at which the bill was considered in preparation for resumption of debate; (b) if at the sitting of House Committee to consider the bill in preparation for resumption of debate the committee recommends a period longer than 9 clear days before resumption then resumption shall not take place earlier than 12 clear days after that sitting; (c) if at the sitting of House Committee to consider the bill in preparation for resumption of debate the committee recommends that the second reading debate be resumed at the next sitting of the Council then resumption may take place at that sitting with the permission of the President provided that due notice has been given under subparagraph (e); (L.N. 157 of 1996) (d) subject to subparagraph (e), notice of resumption of debate shall be given by the Member or public officer in charge of the bill not less than 12 clear days before the day on which the debate is to be resumed; (L.N. 157 of 1996) (e) where resumption of debate is to take place 9 clear days or less after the sitting of House Committee at which the bill was considered in preparation for resumption, then notice of resumption of debate shall be given no later than 2 clear days after that sitting. (L.N. 157 of 1996) (4) No amendment may be proposed to the question that the bill be now read the second time. (5) When a motion for the second reading of a bill has been negatived no further proceedings shall be taken on that bill. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 43 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 43 Committal of Bills VerDate:30/06/1997 (1) When a motion for the second reading of a bill has been agreed to, the bill shall stand committed to a committee of the whole Council, unless- (a) the Council, on a motion which may be moved without notice by any Member immediately after the bill has been read the second time, commit the bill to a select committee; or (b) the President is of the opinion that the bill would specially benefit or otherwise specially affect some particular person or association or corporate body, in which case he may direct that the bill be committed to a select committee. (2) Notice of proceedings upon a bill in committee of the whole Council shall not be required to be given by the Member in charge of the bill. (3) Proceedings upon a bill in select committee shall be begun upon a day appointed in accordance with Standing Order No. 62(2) (Procedure of Select Committees). (L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 44 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 44 Functions of Committees on Bills VerDate:30/06/1997 (1) Any committee of the whole Council or select committee to which a bill is committed shall not discuss the principles of the bill but only its details. (L.N. 226 of 1992) (2) Any such committee shall have power to make such amendments therein as they shall think fit, provided that the amendments, including new clauses and new schedules, are relevant to the subject matter of the bill. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 45 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 45 Amendments to Bills VerDate:30/06/1997 (1) The provisions of this order shall apply to amendments proposed to be moved to bills in committee of the whole Council, in a select committee, and on recommittal. (2) Notice of amendments proposed to be moved to a bill shall be given not less than seven clear days before the day on which the bill is to be considered in committee; and except with the leave of the Chairman no amendment of which notice has not been so given may be moved to a bill. (L.N. 255 of 1983; L.N. 408 of 1992) (3) The provisions of Standing Order No. 22 (Manner of Giving Notice of Motions and Amendments) shall apply to notice of amendments to bills with the substitution of the word "Chairman" for "President" in paragraph (2) of that order. (4) The following provisions shall apply to amendments relating to bills: (a) An amendment must be relevant to the subject matter of the bill and to the subject matter of the clause to which it relates. (b) An amendment must not be inconsistent with any clause already agreed to or with any previous decision of the committee upon the bill. (c) An amendment must not be such as to make the clause which it proposes to amend unintelligible or ungrammatical. (d) An amendment which is in the opinion of the Chairman frivolous or meaningless may not be moved. (e) Where an amendment is proposed to be moved to a bill presented in both official languages the amendment shall be made to the text in each language unless it is an amendment that clearly affects the text in one language only. But an amendment which creates a conflict or discrepancy between the text in one language and the text in the other may not be moved. (L.N. 333 of 1988) (5) If an amendment refers to, or is not intelligible without, a subsequent amendment or schedule, notice of the subsequent amendment or schedule must be given before the first amendment is moved so as to make the series of amendments intelligible as a whole. (6) An amendment, the object or effect of which may, in the opinion of the Chairman, be to dispose of or charge any part of the revenue or other public moneys of Hong Kong shall be proposed only by- (a) the Governor; (b) a public officer designated by the Governor under Standing Order No. 4B (Attendance of Public Officers); or (L.N. 382 of 1995) (c) a Member of the Council expressly authorized or permitted by the Governor to make such a proposal. (L.N. 42 of 1993) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 46 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 46 Procedure in Committee of the whole Council on a Bill VerDate:30/06/1997 (1) The Chairman in a committee of the whole Council shall propose "That the following clauses stand part of the bill", and shall direct the Clerk to call the numbers of the clauses. On the number or numbers of any clause or group of clauses being called, the question that that clause or group of clauses stand part of the bill shall be deemed to have been proposed. In the event of a clause being amended the number of the clause, as amended, shall be called again by the Clerk, and the question that the clause as amended stand part of the bill shall be deemed to have been proposed. (L.N. 138 of 1971; L.N. 314 of 1976; L.N. 178 of 1988; L.N. 382 of 1995) (2) In order to save time and repetition of arguments, the Chairman may allow a single discussion to cover a series of interdependent amendments. (3) The provisions of Standing Order No. 25 (Manner of Debating Amendments to Motions) shall apply to the discussion of amendments to bills, with the substitution of the word "clause" for the word "motion". (4) A clause may be postponed, unless a decision has already been taken upon an amendment thereto. Postponed clauses shall be considered after the remaining clauses of the bill have been considered and before new clauses are brought up. (5) Any proposed new clause shall be considered after the clauses of the bill have been disposed of and before consideration of any schedule of the bill: Provided that a new clause proposed in substitution for a clause which has been disagreed to may be considered immediately after such disagreement. (6) On the section heading of any new clause being read by the Clerk the clause shall be deemed to have been read a first time. The question shall then be proposed "That the clause be read a second time"; if this is agreed to, amendments may then be proposed to the new clause. The final question to be proposed shall be "That the clause (or the clause as amended) be added to the bill". (L.N. 178 of 1988) (7) Schedules shall be disposed of in the same way as clauses and any proposed new schedule shall be considered after the schedules of the bill have been disposed of, and shall be treated in the same manner as a new clause. (8) When every clause and schedule and proposed new clause or schedule has been dealt with, the preamble, if there is one, shall be considered and the question put "That this be the preamble to the bill". No amendment to the preamble shall be considered which is not made necessary by a previous amendment to the bill. (9) If any amendment to the title of the bill is made necessary by an amendment to the bill, it shall be made at the conclusion of the proceedings detailed above, but no question shall be put that the title (as amended) stand part of the bill; nor shall any question be put upon the enacting formula. (9A) No amendment to the reference to the year or to any number in the title by which the bill is to be cited if it becomes law shall be necessary, and any such reference may be changed by the Law Draftsman to refer to the year, or to reflect the order, in which the bill becomes law. (L.N. 258 of 1991; L.N. 382 of 1995) (10) An amendment, proposed new clause or proposed new schedule, upon which a question has been proposed, may be withdrawn at the request of the mover by leave of the committee before the question has been fully put on it, if no Member objects. (11) When all the proceedings upon the bill have been concluded in committee, the Council shall resume and a Member shall report the bill to the Council with or without amendment as the case may be. (L.N. 138 of 1971) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 47 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 47 Procedure on Reporting of Bill from Committee of the whole Council VerDate:30/06/1997 When a bill has been reported from a committee of the whole Council, the Council shall be deemed to have ordered the bill to be set down for third reading and the order of the Council shall be so recorded in the minutes of proceedings; and notice of motion for third reading shall not be required to be given by the Member in charge of the bill. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 48 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 48 Procedure in Select Committee on a Bill VerDate:30/06/1997 (1) A select committee on a bill shall be subject to all the provisions of Standing Order No. 62 (Procedure of Select Committees) but before reporting the bill to the Council it shall go through the bill in the same manner as a committee of the whole Council as prescribed in Standing Order No. 46 (Procedure in Committee of the whole Council on a Bill). (2) When a bill has been amended in a select committee, the whole text of the bill as amended shall, if practicable, be printed as part of the report of the select committee, but if this is not practicable the text of every clause or schedule amended, and of every new clause or new schedule added, shall be so printed. (3) When all the proceedings upon the bill have been concluded in a select committee and the committee have agreed to their report, the chairman shall, at the next sitting of the Council, report the bill, with or without amendment as the case may be, to the Council and shall lay a copy of the report of the committee upon the Table. (L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 49 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 49 Procedure on Reporting of Bill from a Select Committee VerDate:30/06/1997 (1) When a bill has been reported from a select committee the Council may consider the bill as reported on a motion that the report of the select committee on the bill be adopted. (2) If that motion is agreed to without amendment, the Council shall be deemed to have ordered the bill to be set down for third reading and the order of the Council shall be so recorded in the minutes of proceedings, and notice of third reading shall not be required to be given by the Member in charge of the bill. (3) On a motion to adopt the report of a select committee on a bill moved under paragraph (1) of this order, a Member may propose an amendment to add at the end of the motion the words "subject to the recommittal of the bill (either wholly or in respect only of some particular part or parts of the bill or of some proposed new clause or new schedule) to a committee of the whole Council". (4) If the motion is agreed to as amended in accordance with paragraph (3) of this order, the bill shall stand recommitted as required by the motion, and the Council shall immediately resolve itself into a committee of the whole Council to consider it. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 50 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 50 Procedure on Recommittal of Bill reported from Select Committee VerDate:30/06/1997 (1) When the whole of a bill reported from a select committee has been recommitted the committee shall go through the bill as provided in Standing Order No. 46 (Procedure in Committee of the whole Council on a Bill). (2) When a bill has been recommitted in respect only of some specified clause or clauses or schedule or schedules of the bill or some proposed new clause or new schedule, the committee shall consider only the matter so recommitted and shall proceed on every such clause or schedule in the manner provided in Standing Order No. 46 (Procedure in Committee of the whole Council on a Bill) and may thereafter if necessary consider amendment of the long or short title of the bill: Provided that if the President considers it necessary or desirable he may require the whole bill to be recommitted as provided in paragraph (1) of this order. (3) When all proceedings in committee of the whole Council on a recommitted bill have been completed, the Council shall resume and the Member in charge of the bill shall report the bill, as amended (or as not amended) on recommittal, to the Council. (4) When the bill has been so reported after recommittal, the Council shall forthwith proceed to the third reading of the bill, unless the Member in charge states that he wishes the third reading to be postponed; and in the latter event the provisions of Standing Order No. 47 (Procedure on Reporting of Bill from Committee of the whole Council) shall apply, and no further motion to recommit the bill shall be allowed. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 51 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 51 Third Reading VerDate:30/06/1997 (1) The Council shall proceed to the third reading of a bill on a motion that the bill be read the third time and do pass. Debate on that motion shall be confined to the contents of the bill and no amendment may be moved to the motion. (2) Amendments for the correction of errors or oversights may, with the President's permission, be made to the bill before the question for the third reading of the bill is put by the President, but no amendments of a material character shall be proposed. (3) When a motion for the third reading of a bill (or bills) has been agreed to, the Clerk shall read the short title of the bill (or bills) and shall write at the end of the bill (or bills) the words "Passed by the Hong Kong Legislative Council this day" giving the date. (L.N. 138 of 1971) (4) When a motion for the third reading of a bill has been negatived no further proceedings shall be taken on that bill. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 52 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 52 Withdrawal or postponement of Bills VerDate:30/06/1997 The Member or public officer in charge of a bill may, by announcement in Council at the beginning of proceedings for its second or third reading, withdraw or postpone the bill. (L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 53 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 53 Presentation of Bill for Assent of Governor VerDate:30/06/1997 A copy of every bill passed by the Council, certified as a true copy by the Clerk, shall be submitted by the Clerk to the Governor for his assent. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 54 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 54 Presentation and Second Reading of Appropriation Bill VerDate:30/06/1997 PART L FINANCIAL PROCEDURE (1) Any bill containing the estimated financial requirements for expenditure on all the services of the Government of Hong Kong for the current or succeeding financial year shall be known as an Appropriation Bill. Estimates containing the details of the said financial requirements shall be presented to the Council not later than the sitting at which such bill is placed on the Order Paper for first reading. (L.N. 258 of 1991) (2) After the motion for the second reading of the bill has been proposed the debate thereon shall be adjourned and shall be resumed not earlier than the seventh day thereafter. The debate, when resumed, shall be confined to the financial and economic state of Hong Kong and the general principles of Government policy and administration as indicated by the bill and Estimates. (L.N. 255 of 1983) (3) Subject to Standing Order No. 60(9) (Finance Committee), the Estimates shall upon presentation to the Council stand referred to a committee of the whole Council and the Appropriation Bill upon being read a second time shall stand committed to that committee. (L.N. 255 of 1983; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 55 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 55 Procedure in Committee of the whole Council on Appropriation Bill VerDate:30/06/1997 (1) On the consideration of the Appropriation Bill in committee of the whole Council the clauses of the bill shall stand postponed until after consideration of the schedule or schedules. (2) On the consideration of a schedule each head of expenditure shall be considered with the appropriate estimate, and any reference in these Standing Orders to a subhead or an item means a subhead or an item in the Estimates for the head then under discussion. (3) On the consideration of a schedule, the Chairman shall propose "That the sums for the following heads stand part of the schedule", and shall direct the Clerk to call the numbers of the heads. On the number or numbers of any head or group of heads being called, the question that the sums in that head or group of heads stand part of the schedule shall be deemed to have been proposed. Unless an amendment is proposed under the provisions of the next succeeding order, a debate may take place on that question. Any such debate shall be confined to the policy of the service for which the money is to be provided and shall not deal with the details of any item or subhead but may refer to the details of revenue or funds for which that service is responsible. (L.N. 138 of 1971; L.N. 314 of 1976; L.N. 178 of 1988) (4) When all the heads in a schedule have been disposed of, the Chairman shall put forthwith, without amendment or debate, the question "That the schedule (as amended) stand part of the bill". (5) When every schedule has been disposed of, the Chairman shall propose "That the following clauses stand part of the bill", and shall direct the Clerk to call the numbers of the clauses. On the number of any clause being called, the question that the clause stand part of the bill shall be deemed to have been proposed. In the event of a clause being amended, the number of the clause, as amended, shall be called again by the Clerk, and the question that the clause as amended stand part of the bill shall be deemed to have been proposed. (L.N. 138 of 1971; L.N. 178 of 1988) (6) No amendment may be moved to any clause except an amendment consequential on an alteration in the total sum appropriated by any schedule. Any such consequential amendment shall be moved by a designated public officer only and may be moved without notice, and the question thereon shall be put forthwith without amendment or debate. When the question on the last of any such amendments to a clause has been decided, the Chairman shall forthwith put the question "That the clause as amended stand part of the bill" and that question shall then be decided without amendment or debate. (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (7) When the question upon every clause of the bill has been decided, the Council shall resume and a Member shall report the bill to the Council with or without amendment, as the case may be. (L.N. 314 of 1976) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 56 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 56 Amendments to Heads of Estimates in Committee of the whole Council on Appropriation Bill VerDate:30/06/1997 (1) An amendment which, in the opinion of the Chairman, would increase the sum allotted to any head of expenditure whether in respect of any item or subhead or of the head itself shall, unless moved by a designated public officer, require the authorization or permission of the Governor, which shall be notified by the Member when moving the amendment. (L.N. 138 of 1971; L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (2) An amendment to increase a head whether in respect of any item or subhead or of the head itself shall take precedence over an amendment to reduce the head in the same respect, and if it is carried no amendment to reduce the head in that respect shall be called. (3) An amendment to any head of expenditure to reduce the sum allotted thereto in respect of any item therein may be moved by any Member, and shall take the form of a motion "That head ...... be reduced by $....... in respect of (or by leaving out) subhead ...... item ......". (4) An amendment to reduce a head in respect of any subhead or by leaving out a subhead shall only be in order if the subhead is not itemized. (5) An amendment to reduce a head without reference to a subhead therein shall only be in order if the head is not divided into subheads. (6) An amendment to leave out a head shall not be in order and shall not be placed on the Order Paper. (7) In the case of each head, amendments in respect of items or subheads in that head shall be placed on the Order Paper and considered in the order in which the items or subheads to which they refer stand in the head in the Estimates. (8) When notice has been given of two or more amendments to reduce the same item, subhead, or head, they shall be placed on the Order Paper in the order of the magnitude of the reductions proposed, the amendment proposing the largest reduction being placed first in each case. (9) Debate on every amendment shall be confined to the item, subhead, or head to which the amendment refers, and after an amendment to an item or subhead has been disposed of no amendment or debate on a previous item or subhead shall be permitted. (10) When all amendments standing on the Order Paper in respect of any particular head of expenditure have been disposed of, the Chairman shall again propose the question "That the sum for head ...... stand part of the schedule" or shall propose the amended question "That the (increased) (reduced) sum for head ...... stand part of the schedule", as the case may require. The debate on any such question shall be subject to the same limitations as apply to a debate arising under Standing Order No. 55(3) (Procedure in Committee of the whole Council on Appropriation Bill). (L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 57 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 57 Third Reading of Appropriation Bill VerDate:30/06/1997 The motion for third reading of the Appropriation Bill shall be decided without amendment or debate. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 58 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 58 (Repealed L.N. 382 of 1995) VerDate:30/06/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 59 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 59 (Repealed L.N. 382 of 1995) VerDate:30/06/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 60 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 60 Finance Committee VerDate:30/06/1997 PART M COMMITTEES (1) There shall be a standing committee, to be called the Finance Committee, the members of which shall be all the Members other than the President. (L.N. 314 of 1976; L.N. 214 of 1984; L.N. 221 of 1987; L.N. 434 of 1994) (2) The chairman and deputy chairman of the committee shall be elected by and from amongst its members and shall hold office until the first sitting of the committee in the session next following that for which they were elected. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. (L.N. 434 of 1994; L.N. 465 of 1995) (2A) The functions of the Finance Committee shall be such as are conferred upon the committee by the Public Finance Ordinance (Cap 2), any other law and these Standing Orders, and such as may from time to time be referred to the committee by the Council. (L.N. 255 of 1983) (2B) The committee may appoint subcommittees for the purpose of assisting the committee in the performance of such functions of the committee as the committee may determine. (L.N. 178 of 1988) (3) The committee shall sit at the times (including any time during the period when the Council is in recess between the end of one session and the beginning of the next session) and at the place determined by the chairman. Written notice of every sitting shall be given to the Members at least five clear days before the day of the sitting but shorter notice may be given in any case where the chairman so directs. (L.N. 255 of 1983; L.N. 24 of 1985; L.N. 178 of 1988) (3A) Sittings shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (L.N. 382 of 1995) (4) The chairman and eight Members shall form a quorum. All matters before the committee shall be decided by a majority of the Members voting. Neither the chairman nor any other member presiding shall vote, unless the votes of the other members are equally divided, in which case he shall have a casting vote. (L.N. 314 of 1976; L.N. 221 of 1987; L.N. 434 of 1994) (4A) Where the chairman so orders, any matter for the decision of the committee may be considered by circulation of papers to the members of the committee and each member may signify his approval in writing submitted to the chairman. If a majority of the members so signify before the expiry of the period specified by the chairman for the purpose, and if upon expiry of that period no member has (in writing submitted to the chairman) signified disapproval of the matter or requested that the matter be referred for decision at a sitting of the committee, it shall be deemed to be approved by the committee. (L.N. 221 of 1987) (4B) Paragraph (4A) shall apply during any period when the Council is in recess between the end of one session and the beginning of the next session as it applies during a session. (L.N. 178 of 1988) (5) The clerk to the committee appointed under Standing Order No. 4(6) (Duties of the Clerk) shall attend the sittings of the committee. He shall keep the minutes of the proceedings of the committee in a manner determined by the committee. (L.N. 382 of 1995) (6) (Repealed L.N. 382 of 1995) (7) (Repealed L.N. 382 of 1995) (8) (Repealed L.N. 382 of 1995) (9) The Estimates presented in accordance with the provisions of Standing Order No. 54 (Presentation and Second Reading of Appropriation Bill) may be referred by the President to the Finance Committee for their examination before consideration of the Appropriation Bill in committee of the whole Council. (L.N. 255 of 1983; L.N. 24 of 1985) (10) The chairman or the committee may invite any public officer, or, in the case of a head of the Estimates relating to a non-Government body or organization, any member or employee of that body or organization to give information or any explanation or to produce any records or documents which the committee may require in the performance of its duties; and the committee may also invite any other person to assist the committee in relation to any such information, explanation, records or documents. (L.N. 258 of 1991) (11) Subject to these Standing Orders, the practice and procedure of the committee and its subcommittees shall be determined by the committee. (L.N. 258 of 1991) (L.N. 258 of 1991; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 60A (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 60A Public Accounts Committee VerDate:30/06/1997 (1) There shall be a standing committee, to be called the Public Accounts Committee, to consider reports of the Director of Audit- (a) on the accounts of the Government; (b) on such other accounts required to be laid before the Legislative Council as the committee may think fit; and (c) on any matter incidental to the performance of his duties or the exercise of his powers as the committee may think fit. (1A) The committee shall also consider any report of the Director of Audit laid on the Table of the Council which deals with examinations (value for money audit) carried out by the Director relating to the economy, efficiency and effectiveness of any Government department or public body or any organization to which his functions as Director of Audit extend by virtue of any Ordinance or which receives public moneys by way of subvention. (L.N. 221 of 1987; L.N. 465 of 1995) (2) The committee shall consist of a chairman, deputy chairman and five members who shall be Members appointed by the President in accordance with an election procedure determined by the House Committee. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. The chairman and two other members shall constitute a quorum. (L.N.143 of 1997) (3) A report mentioned in paragraphs (1) and (1A) of this order shall be deemed to have been referred by the Council to the committee when it is laid on the Table of the Council. (L.N. 382 of 1995) (3A) Unless the chairman otherwise orders, members of the public and of the press shall be admitted as spectators at sittings of the committee attended by any person invited by the committee under paragraph (4). (L.N. 214 of 1984) (3B) The committee shall sit at the times and the place determined by the chairman. Written notice of every sitting shall be given to the members and to any person invited to attend a sitting at least five clear days before the day of the sitting but shorter notice may be given in any case where the chairman so directs. (L.N. 382 of 1995) (3C) All matters before the committee shall be decided by a majority of the members voting. Neither the chairman nor any other member presiding shall vote, unless the votes of the other members are equally divided, in which case he shall have a casting vote. (L.N. 382 of 1995) (4) The chairman or the committee may invite any public officer, or, in the case of a report on the accounts of or relating to a non-Government body or organization, any member or employee of that body or organization, to give information or any explanation or to produce any records or documents which the committee may require in the performance of its duties; and the committee may also invite any other person to assist the committee in relation to any such information, explanation, records or documents. (L.N. 214 of 1984; L.N. 258 of 1991) (5) The committee shall make their report upon the report of the Director of Audit on the accounts of the Government within 3 months (or such longer period as may be determined under section 12 of the Audit Ordinance (Cap 122)) of the date on which the Director's report is laid on the Table of the Council. (L.N. 214 of 1984; L.N. 465 of 1995) (5A) The committee shall make their report upon the report of the Director of Audit mentioned in paragraph (1A) within 3 months (or such longer period as may be determined by the Council) of the date on which the Director's report is laid on the Table of the Council. (L.N. 221 of 1987; L.N. 465 of 1995) (6) Subject to these Standing Orders, the practice and procedure of the committee shall be determined by the committee. (L.N. 97 of 1978; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 60B (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 60B Committee on Members' Interests VerDate:30/06/1997 (1) There shall be a standing committee to be called the Committee on Members' Interests- (a) to examine the arrangements made for the compilation, maintenance and accessibility of the Register of Members' Interests; (b) to consider any proposals made by Members or others as to the form and contents of the Register; (c) to consider and investigate any complaint made in relation to the registration and declaration of Members' interests or any complaint of a failure to do so; (d) to consider matters of ethics in relation to the conduct of Members in their capacity as such, and to give advice and issue guidelines on such matters; (e) to report to the Council and make recommendations, including a recommendation as to a sanction under Standing Order No. 65A (Sanctions relating to Interests). (2) The committee shall consist of a chairman, deputy chairman and five members who shall be Members appointed by the President in accordance with an election procedure determined by the House Committee. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. The chairman and two other members shall constitute a quorum. (L.N.143 of 1997) (3) The committee shall sit at the times (including any time during the period when the Council is in recess between the end of one session and the beginning of the next session) and at the place determined by the chairman. Written notice of every sitting shall be given to the members at least five clear days before the day of the sitting but shorter notice may be given in any case where the chairman so directs. (L.N. 382 of 1995) (4) Sittings shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (5) All matters before the committee shall be decided by a majority of the members voting. In the event that votes are equally divided, the chairman or other member presiding shall have a casting vote. (L.N. 382 of 1995) (6) The committee may invite any person to attend before the committee and to give evidence or to produce any paper, book, record or document in the possession or under the control of such person. (L.N. 382 of 1995) (7) Subject to these Standing Orders, the practice and procedure of the committee shall be determined by the committee. (L.N. 258 of 1991) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 60C (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 60C House Committee VerDate:30/06/1997 (1) There shall be a committee, to be called the House Committee, the members of which shall be all the Members other than the President. (L.N. 42 of 1993) (2) The chairman and deputy chairman of the committee shall be elected by the committee from amongst its members and shall hold office until the first sitting of the committee in the session next following that in which they were elected. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. (3) At any time after a bill has been referred to the committee under Standing Order No. 42(3A) (Second Reading), the committee may allocate it to a Bills Committee for consideration, or may cause it to be considered in such other manner as the committee thinks fit. (4) In deciding upon the timing and order of allocation of bills to a Bills Committee, the committee may take into account the number and relative priority of other bills currently referred to the committee under Standing Order No. 42(3A) (Second Reading), and may at any time vary any decision as to the timing and order of allocation of any bill. (5) Following allocation of a bill to a Bills Committee, the committee, after consultation with that Bills Committee, may decide the date for completion of consideration of the bill by the Bills Committee. Any such decision may be varied at any time, after consultation with the Bills Committee. (6) Upon the allocation of a bill to a Bills Committee, the members of that Bills Committee shall be those Members (other than the President) who signify membership in accordance with procedural rules (which shall provide only for the manner and timing of such signification) decided by the committee. (L.N. 42 of 1993) (7) The committee may provide guidelines relating to the practice and procedure of the Bills Committees, subcommittees constituted under paragraph (11) and Panels constituted under Standing Order No. 60E (Panels). (L.N. 394 of 1993) (8) The committee may discuss any deliberations of a Bills Committee for the purpose of assisting members in preparation for resumption of second reading debate in the Council. (9) The committee shall decide the manner of consideration of any subsidiary legislation which is subject to the provisions of sections 34 and 35 of the Interpretation and General Clauses Ordinance (Cap 1). (10) The committee may consider, in such manner as it thinks fit, any other item relating to the business of the Council. (11) The committee may appoint subcommittees for the purpose of assisting the committee in the performance of its functions under paragraphs (9) and (10). (11A) (Repealed L.N. 382 of 1995) (11B) The committee may refer any policy matter relating to the business of the Council to a Panel constituted under Standing Order No. 60E (Panels), may determine the terms of reference for the consideration of such matter and may request and receive reports on such matter from the Panel. (L.N. 394 of 1993) (12) The committee shall sit at the times (including any time during the period when the Council is in recess between the end of one session and the beginning of the next session) and at the place determined by the chairman. Written notice of the place, day and time of every sitting shall be given to the members at least three days before the day of the sitting but shorter notice may be given in any case where the chairman so directs. (12A) Sittings of the committee shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (L.N. 382 of 1995) (13) Twenty members, including the chairman, shall form a quorum. All matters for the decision of the committee shall be decided by a majority of the members voting. The chairman or any other member presiding shall not vote, unless the votes of the other members are equally divided in which case he shall have a casting vote. (14) Where the chairman so orders, any matter for the decision of the committee may be considered by circulation of papers to the members of the committee and each member may signify his approval in writing submitted to the chairman. If a majority of the members so signify before the expiry of the period specified by the chairman for the purpose, and if upon expiry of that period no member has (in writing submitted to the chairman) signified disapproval of the matter or requested that the matter be referred for decision at a sitting of the committee, it shall be deemed to be approved by the committee. (15) Paragraph (14) shall apply during any period when the Council is in recess between the end of the one session and the beginning of the next session as it applies during a session. (16) Where so authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap 382), the committee, or any subcommittee, may order any person to attend before it and to give evidence or to produce any paper, book, record or document in the possession or under the control of such person. (L.N. 394 of 1993) (17) Subject to these Standing Orders, the practice and procedure of the committee and its subcommittees shall be determined by the committee. (L.N. 226 of 1992; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 60D (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 60D Bills Committees VerDate:30/06/1997 (1) There shall be such number of committees, to be called Bills Committees, as the House Committee considers appropriate. (2) The chairman of a Bills Committee shall be elected by the committee from amongst its members. The committee may also elect a deputy chairman. In the event of the temporary absence of the chairman or any deputy chairman, the committee may elect a chairman to act during such absence. (3) A Bills Committee shall consist of not less than three members including the chairman. The quorum of a Bills Committee shall be three members including the chairman, or one third of the members including the chairman (a fraction of the whole number being disregarded), whichever is the greater. (3A) A Bills Committee may appoint subcommittees for the purpose of assisting the committee in the performance of its functions. (L.N. 394 of 1993; L.N. 382 of 1995) (4) A Bills Committee shall sit at the times (including any time during the period when the Council is in recess between the end of one session and the beginning of the next session) and at the place determined by the chairman. Written notice of the place, day and time of every sitting shall be given to the members at least three days before the day of the sitting but shorter notice may be given in any case where the chairman so directs. (5) Sittings shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (6) A Bills Committee shall consider the general merits and principles, and the detailed provisions, of the bill allocated to it; and may also consider any amendments relevant to the bill. (7) All matters for the decision of a Bills Committee shall be decided by a majority of the members voting. The chairman or any other member presiding shall, if the votes be equally divided, have a casting vote in addition to his original vote. (L.N. 382 of 1995) (8) A Bills Committee shall, as soon as it has completed consideration of the bill allocated to it, notify the House Committee and shall advise the committee in writing of its deliberations. (9) The deliberations of a Bills Committee on a bill may be discussed by the House Committee for the purposes of informing Members in preparation for resumption of the second reading debate on the bill in Council. Such deliberations shall not be binding on any Member, whether in Council, in a committee of the whole Council or in House Committee. (10) Where so authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap 382), a Bills Committee may order any person to attend before it and to produce any paper, book, record or document in the possession or under the control of such person. (L.N. 382 of 1995) (11) Subject to these Standing Orders, the practice and procedure of a Bills Committee and its subcommittees shall be determined by that Bills Committee. In any such determination, a Bills Committee shall take into account any guidelines provided under Standing Order No. 60C(7) (House Committee). (L.N. 382 of 1995) (L.N. 226 of 1992) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 60E (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 60E Panels VerDate:30/06/1997 (1) There shall be such number of committees, to be called Panels, as the House Committee considers appropriate. (2) The terms of reference of a Panel shall be determined by the House Committee. (3) A Panel shall monitor and examine, to the extent it considers necessary, policy matters referred to it by a member of the Panel or by the House Committee. (4) The members of a Panel shall be those Members (other than the President ) who signify membership in accordance with procedural rules (which shall provide only for the manner and timing of such signification) decided by the House Committee. (5) The chairman of a Panel shall be elected by the Panel from amongst its members. The Panel may also elect a deputy chairman. In the event of the temporary absence of the chairman or any deputy chairman the Panel may elect a chairman to act during such absence. The chairman and deputy chairman of a Panel shall hold office until the first sitting of the Panel in the session next following that in which they were elected. (L.N. 465 of 1995) (6) A Member who is the chairman or deputy chairman of a Government advisory body in respect of matters which a Panel considers to be directly related to the terms of reference of the Panel shall not be the chairman or deputy chairman of the Panel. (7) A Member shall not be chairman or deputy chairman of more than one Panel at the same time. (8) A Panel shall consist of not less than six members including the chairman. The quorum of a Panel shall be three members including the chairman, or one third of the members including the chairman (a fraction of the whole number being disregarded), whichever is the greater. (9) A Panel may, if it considers appropriate, appoint subcommittees to study specific issues and to report to the Panel. (10) A Panel or its subcommittee may, if it considers appropriate, sit jointly with any other Panel or its subcommittees for the purpose of considering any matter of common interest to the Panels. The quorum of a joint sitting shall be one third of the members of all the relevant panels or subcommittees including the chairman (a fraction of the whole number being disregarded). All matters for decision at a joint sitting shall be decided by a majority of the members voting. The chairman shall, if the votes be equally divided, have a casting vote in addition to his original vote. (11) A Panel shall sit at the times (including any time during the period when the Council is in recess between the end of one session and the beginning of the next session) and at the place determined by the chairman of the Panel. Written notice of the place, day and time of every sitting shall be given to the members at least three days before the day of the sitting but shorter notice may be given in any case where the chairman so directs. (12) Sittings shall be held in public unless the chairman otherwise orders in accordance with any decision of the Panel. (13) All matters for the decision of a Panel shall be decided by a majority of the members voting. The chairman or any other member presiding shall, if the votes be equally divided, have a casting vote in addition to his original vote. Such voting shall not be binding on any Member, whether in Council, in a committee of the whole Council or in the House Committee. (14) A Panel may, where requested by the House Committee and where it considers appropriate, or on its own motion, make reports in writing to the House Committee for the purpose of informing Members of the progress of its deliberations. (15) Where so authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap 382), a Panel may order any person to attend before it and to give evidence or to produce any paper, book, record or document in the possession or under the control of such person. (16) Subject to these Standing Orders, the practice and procedure of a Panel or its subcommittee shall be determined by that Panel. In any such determination, a Panel shall take into account any guidelines provided under Standing Order No. 60C(7) (House Committee). (L.N. 394 of 1993; L.N. 382 of 1995) STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 61 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 61 Select Committees VerDate:30/06/1997 (1) The Council may in each session appoint one or more select committees to consider matters or bills which the Council may refer to the committee. (2) The President shall decide the size of every select committee and shall appoint the chairman, deputy chairman and members thereof, in accordance with an election procedure determined by the House Committee. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. (L.N. 143 of 1997) (3) The quorum of a select committee shall be one third of the members excluding the chairman, a fraction of a whole number being disregarded. (4) A select committee shall, as soon as it has completed consideration of the matter or bill referred to it, report to the Council thereon and the committee shall thereupon be dissolved. If the committee is of opinion that it will not be able to complete consideration of the matter or bill before the end of the session, it shall so report to the Council. (L.N. 382 of 1995) (5) At the end of the session every select committee of the Council shall be dissolved. STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 62 (Ceased to apply) VerDate:01/07/1997 STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG - PARAGRAPH 62 Procedure of Select Committees VerDate:30/06/1997 (1) The deliberations of a select committee shall be confined to the matter or matters referred to it by the Council, and in the case of a select committee on a bill shall be confined to the bill committed to it and relevant amendments. (2) A select committee shall sit at the times determined by the chairman. The sittings of a select committee shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (3) (Repealed L.N. 143 of 1997) (4) The clerk to the committee appointed under Standing Order No. 4(6) (Duties of the Clerk) shall attend me