PART N
MISCELLANEOUS MATTERS

82.Employment of Members in Professional Capacity

No Member shall appear before the Council or any committee or subcommittee in a professional capacity for or on behalf of a party or in a capacity for which he is to receive a fee or award.

83.Registration of Interests

(1)Except for the purpose of making registration of interests under subrule (2), every Member shall, not later than the first meeting of each term, furnish to the Clerk, in such form as may be approved by the President, particulars of his registrable interests. (L.N. 107 of 1999)

(2)Every new Member of the Legislative Council shall, within 14 days from the date of his becoming a new Member to fill a vacant seat, furnish to the Clerk, in such form as may be approved by the President, particulars of his registrable interests.

(3)Every Member shall furnish to the Clerk, in such form as may be approved by the President, particulars of any change in such registrable interests, within 14 days of any such change.

(4)The Clerk shall cause those particulars to be entered in a Register of Members’ Interests and that register shall be available for inspection by any person during office hours.

(5)In this Rule, "registrable interests" means –

(a)remunerated directorships of companies, public or private, and if the company concerned has a holding company within the meaning of section 13 of the Companies Ordinance (Cap. 622), also the name of that holding company; (L.N. 73 of 2006; L.N. 1 of 2014)

(b)remunerated employments, offices, trades, professions or vocations;

(c)the names of clients when the interests referred to above include personal services by Members which arise out of or are related in any manner to his membership of the Council;

(d)(i)all donations, as a candidate in the Legislative Council election in which the Member was elected as a Member of the Council, received by the Member or any person on his behalf for the purpose of meeting the Member’s election expenses in the election; or
(L.N. 107 of 1999)

(ii)financial sponsorships, as a Member of the Council, by any person or organization, stating whether any such sponsorships include any payment or any material benefit or advantage to the Member or his spouse, whether direct or indirect; (L.N. 107 of 1999)

(e)overseas visits made by the Member or his spouse relating to or arising out of membership of the Council where the cost of any such visit has not been wholly borne by the Member or public funds;

(f)any payments or any material benefits or advantages received by the Member or his spouse arising out of his membership of the Council from or on behalf of:

(i)any government or organization of a place outside Hong Kong; or

(ii)any person who is not a Hong Kong permanent resident;

(g)land and property;

(h)the names of companies or other bodies in which the Member has, to his knowledge, either himself or with or on behalf of his spouse or infant children, a beneficial interest in shares of a number greater than one-hundredth of the total number of issued shares. (L.N. 1 of 2014)

83A.Personal Pecuniary Interest to be Disclosed

In the Council or in any committee or subcommittee, a Member shall not move any motion or amendment relating to a matter in which he has a pecuniary interest, whether direct or indirect, or speak on any such matter, except where he discloses the nature of that interest.
(L.N. 126 of 2002)

83AA.Claims for Reimbursement of Operating Expenses or Applications for Advance of Operating Funds

When making a claim for reimbursement of operating expenses or applying for advance of operating funds in accordance with A Guide for Reimbursement of Operating Expenses for Members of the Legislative Council, or acting for purposes related thereto, a Member shall -

(a)ensure that any information provided or any declaration or certification made is true, accurate and complete; and

(b)act according to any undertaking that he has given.
(L.N. 174 of 2006)

84.Voting or Withdrawal in case of Direct Pecuniary Interest

(1)In the Council or in any committee or subcommittee, a Member shall not vote upon any question in which he has a direct pecuniary interest except where his interest is in common with the rest of the population of Hong Kong or a sector thereof or his vote is given on a matter of Government policy.
(L.N. 126 of 2002)

(1A)In the Council or a committee of the whole Council, a Member shall withdraw when a vote is taken on a question in which he has a direct pecuniary interest except where his interest is in common with the rest of the population of Hong Kong or a sector thereof or his vote is given on a matter of Government policy. (L.N. 126 of 2002)

(2)(Repealed L.N. 126 of 2002)

(3)(Repealed L.N. 126 of 2002)

(3A)A motion for the withdrawal of a Member on the ground of his failure to withdraw as required by subrule (1A) may be moved without notice by any Member after the President or Chairman has put the question on the original motion but before the vote is taken. (L.N. 107 of 1999; L.N. 126 of 2002)

(4)A motion to disallow a Member's vote on the ground of his direct pecuniary interest under subrule (1) may be moved without notice by any Member immediately upon the statement by the President, Chairman of a committee of the whole Council or chairman of his judgment on whether there is a required majority or, if a division has been ordered, upon his statement of the numbers of Members recorded in the division. (L.N. 107 of 1999)

(5)The President, Chairman of a committee of the whole Council or chairman shall have the discretion whether or not to propose the question upon a motion under subrule (3A) or (4); and in exercising such discretion he shall have regard to the nature of the question upon which the vote is taken and to the consideration whether the interest therein of the Member whose presence or vote is challenged is direct and pecuniary and not an interest in common with the rest of the population of Hong Kong or a sector thereof and whether the vote is on a matter of Government policy. (L.N. 107 of 1999)

(5A) If the question for the withdrawal of a Member is proposed, the Member concerned may be heard in his place but he shall then withdraw from the Council or a committee of the whole Council for the duration of any vote on the question. If the motion is agreed to, the Member shall withdraw or continue to withdraw from the Council or the committee of the whole Council when the original question is put and voted upon. (L.N. 107 of 1999)

(6)If the question for the disallowance of a Member's vote is proposed, the Member concerned may be heard in his place but he shall then withdraw from the Council, a committee of the whole Council, a committee or subcommittee for the duration of any vote on the question. If the motion is agreed to, the President, Chairman of a committee of the whole Council or chairman shall state anew his judgment on whether there is a required majority in the original question or, in the case of a division, direct the Clerk to the Legislative Council or the clerk to alter the numbers voting and, in the case of the Council or a committee of the whole Council, the effect of the presence of the Member in the original division accordingly. (L.N. 107 of 1999)

(7)(Repealed L.N. 107 of 1999)

85.Sanctions relating to Interests, Operating Expenses or Operating Funds

Any Member who fails to comply with Rule 83 (Registration of Interests), 83A (Personal Pecuniary Interest to be Disclosed), 83AA (Claims for Reimbursement of Operating Expenses or Applications for Advance of Operating Funds) or 84(1) or (1A) (Voting or Withdrawal in case of Direct Pecuniary Interest) may be admonished, reprimanded or suspended by the Council on a motion to that effect. (L.N. 126 of 2002; L.N. 174 of 2006)

86.Admission of Press and Public

Subject to such rules as may from time to time be made by the President, members of the press and of the public shall be admitted as spectators of meetings of the Council. The Clerk shall ensure that such rules are complied with.

87.Disorderly Conduct

The President, Chairman of a committee of the whole Council or chairman of a committee or subcommittee may order the removal from a meeting of any member of the press or of the public who behaves, or who appears likely to behave, in a disorderly manner.

88.Withdrawal of Members of the Press and of the Public

(1)At a meeting of the Council, a committee of the whole Council, a committee or a subcommittee a Member may without notice at any time rise and move that members of the press and of the public do withdraw, specifying whether the withdrawal is to be for the remainder of that day's meeting or during the consideration of certain business. The President, Chairman or chairman shall forthwith propose the question thereon and the Council, committee of the whole Council, committee or subcommittee shall dispose of it before proceeding further with the business which was before it when the motion was moved.

(2)The President or Chairman may at any time order members of the press and of the public to withdraw and the doors of the Council Chamber to be closed.

(3)When an order has been made by the Council, committee of the whole Council, committee or subcommittee, or by the President or Chairman under subrule (1) or (2), members of the press and of the public shall forthwith withdraw from the Council Chamber or the committee room in which the committee or subcommittee is meeting, and the Clerk or clerk shall ensure that the order is complied with.

89.Procedure for Obtaining Leave for Member to Attend as Witness in Civil Proceedings

(1)For the purpose of obtaining the leave of the Council under section 6(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) in order that a Member may be required to attend as a witness in any civil proceedings on a day when the Council is meeting, the party to the proceedings requiring the Member so to attend on that day shall not later than 21 days before that day submit to the Clerk a written statement of the request and of the reasons why the attendance of the Member is required on that day.

(2)The request for leave shall be placed on the Agenda for the meeting next following the receipt thereof by the Clerk and, unless on a motion which may be moved without notice at that meeting by any Member the Council determines that such leave shall be refused, the Council shall be deemed to have ordered that such leave be granted.

(3)The Clerk shall give written notice of the decision of the Council to the party by whom the request for leave is made and also to the Member concerned.

90.Procedure for Obtaining Leave to Give Evidence of Council Proceedings

(1)For the purpose of obtaining the leave of the Council under section 7 of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) in order that evidence may be given elsewhere in respect of the contents of minutes, records of evidence or any document laid before the Council or a committee or subcommittee, or in respect of any proceedings or examination held before the Council or a committee or subcommittee, the person seeking such leave shall submit to the Clerk a written statement of the request and the reasons therefor and such further information as the Clerk, on the direction of the President, may require in any particular case.

(2)The request for leave shall be placed on the Agenda for such meeting as the President may appoint and, unless on a motion which may be moved without notice at that meeting by any Member the Council determines that such leave shall be refused, the Council shall be deemed to have ordered that such leave be granted.

(3)The Clerk shall give written notice of the decision of the Council to the person by whom the request for leave is made.

(4)Where the leave of the Council referred to in subrule (1) is sought during any recess or adjournment or dissolution of the Council such leave may be given by the President or, if the President is unable to act, by the Member presiding.

91.Suspension of Rules

A motion which has the object or effect of suspending a Rule shall not be moved except after notice or with the consent of the President.

92.Procedure if Rules of Procedure do not Provide

In any matter not provided for in these Rules of Procedure, the practice and procedure to be followed in the Council shall be such as may be decided by the President who may, if he thinks fit, be guided by the practice and procedure of other legislatures.

93.Interpretation

In these Rules of Procedure, unless the context otherwise requires -

(a)"Basic Law" means the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China;

(b)the expression "clear days" excludes the day of the giving of a notice, the day of the relevant meeting and intervening public holidays;

(c)"designated public officer" means a public officer designated by the Government of the Hong Kong Special Administrative Region under Article 62(6) of the Basic Law;

(d)"Clerk to the Legislative Council" means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of the Legislative Council Commission Ordinance (Cap. 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat ;

(e)"committee" means a standing or select committee or any other committee of the Council, or a subcommittee of such committees, including a joint subcommittee appointed under Rule 77(9A) (Panels); and (L.N. 227 of 2006)

(f)references to printing include references to all mechanical, electrical, electronic and photographic methods of reproducing words in visible form.