Work of a Panel
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| 1.1 | Panels are deliberative forums for discussing and giving views to the Administration on policy matters and issues of public concern within their respective terms of reference.
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| 1.2 | Panels also consider major or controversial legislative and financial proposals before they are formally introduced into the Legislative Council (LegCo) or the Finance Committee. [HR 22(q)]
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| 1.3 | A Panel does not have the power to summons witnesses to give evidence, unless it has been authorised by the Council to do so. [RoP 80(b)]
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Election of Chairman and Deputy Chairman
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| 1.4 | The Chairman and Deputy Chairman of a Panel are elected by and from members of the Panel at its first meeting in a session. If there are two or more nominations for chairmanship or deputy chairmanship, an election by secret ballot will be held. The Chairman or the member presiding has both an original vote and a casting vote. Where two or more nominees receive the same highest number of valid votes in the election, lots will be drawn in respect of these nominees, and the Chairman or the member presiding shall exercise his/her casting vote in accordance with the lot drawn by him/her. To ensure the secrecy of the ballot papers, the Clerk will supervise the shredding of the ballot papers immediately after the meeting at which the election(s) is held. [RoP 77(5), 77(13B) and 79A(2), HR 22(f), (g) and Appendix IV]
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| 1.5 | The Chairman and Deputy Chairman of a Panel hold office until the election in the next session. [RoP 77(5), HR 22(f)]
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| 1.6 | The Chairman and Deputy Chairman of a Panel may not be the chairman or deputy chairman of a Government advisory body in respect of matters which the Panel considers to be directly related to its terms of reference. [RoP 77(6), HR 22(h)]
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| 1.7 | The Clerk to the Panel keeps a list of such advisory bodies.
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| 1.8 | A Member whose late application for membership of a Panel is accepted may not seek a re-election of the Chairman or Deputy Chairman by reason of his/her joining the Panel (see paragraphs 1.17 to 1.19 below). [HR 23(d)]
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Chairman
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Responsibilities
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| 1.9 | The responsibilities of the Chairman of a Panel are not explicitly stipulated in the Rules of Procedure or House Rules. However, it is generally accepted by Members that the Chairman has the following responsibilities -
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| (a) | steering the work of the Panel in consultation with its members;
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| (b) | chairing meetings and ensuring that the business on the agenda is transacted in a proper and efficient manner;
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| (c) | maintaining order at meetings;
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| (d) | presenting papers of the Panel to the House Committee;
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| (e) | tabling and speaking on reports of the Panel in Council; and
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| (f) | moving motions for debate in Council on behalf of the Panel.
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| 1.10 | The Chairman decides whether he/she will meet with the relevant Bureau Secretary at the beginning of each new session to discuss and draw up tentative work schedules and agenda of meetings for the Panel in the session.
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| 1.11 | The responsibilities of the Chairman are discussed in greater detail in the following chapters.
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Powers and authority
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| 1.12 | The Chairman of a Panel has certain powers and authority. Some of these are provided or reflected in the Rules of Procedure and House Rules. Others are exercised by the Chairman based on practices generally accepted by Members.
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| 1.13 | The powers and authority of a Chairman are summarised below -
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| (a) | Membership of a Panel
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| | Rules
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| | (i) | determining whether a late application for membership of a Panel on the ground of a Member's indisposition or absence from Hong Kong should be accepted [HR 23(b)]
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| (b) | Preparations for a meeting
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| | Rules
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| | (i) | determining the date, time and place of a meeting [RoP 77(11)]
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| | (ii) | directing that written notice shorter than three days for a meeting may be given [RoP 77(11), HR 24(c)]
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| | (iii) | deciding on the time allotted for discussion on each item on the agenda of a meeting [HR 24(m)]
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| | (iv) | determining whether a meeting should be cancelled if Tropical Cyclone Warning Signal No. 8 or Rainstorm Black Warning is hoisted and/or remains in force two hours before the appointed time of the meeting [HR 28(b)]
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| | Practices
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| | (v) | deciding on the order of agenda items, and whether an item should be added to or removed from an agenda
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| | (vi) | deciding on the deadline for submissions, the order of speaking of deputations and their speaking time
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| | (vii) | deciding whether translation into Chinese should be arranged for submissions made in English
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| | (viii) | deciding whether certain documents should be circulated to members
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| | (ix) | deciding how documents containing defamatory remarks/expressions should be dealt with
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| | (x) | giving direction to the Clerk on logistical arrangements for meetings of the Panel
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| | (xi) | consenting to the issuance of background briefs and other papers of the Panel prepared by the Clerk to members
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| | (xii) | consenting to the issuance of the outline of a research study to members
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| | (xiii) | consenting to the issuance of information notes and fact sheets to members
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| (c) | Conducting a meeting
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| | Rules
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| | (i) | determining whether certain rules of speaking at Council meetings should apply to meetings of the Panel [RoP 43]
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| | (ii) | having an original vote, and having a casting vote in addition to his/her original vote in an election of the Chairman and Deputy Chairman of the Panel [RoP 77(13) and (13B), HR 22(f) and Appendix IV]
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| | (iii) | deciding whether a motion proposed by a member at a meeting of the Panel is directly related to an agenda item of that meeting [HR 22(p)]
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| | (iv) | closing a meeting when a quorum is not present [HR 24(g) and (h)]
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| | (v) | closing a meeting if Tropical Cyclone Warning Signal No. 8 is hoisted when the meeting is in progress [HR 28(b)]
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| | (vi) | deciding whether to close or continue with a meeting if a Rainstorm Black Warning is hoisted when the meeting is in progress [HR 28(b)]
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| | (vii) | ordering the removal of a member of the press or the public who behaves in a disorderly manner from a meeting [RoP 87, HR 24(s)]
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| | Practices
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| | (viii) | ruling on procedural matters either on his/her own motion or in response to a point of order raised at a meeting
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| (d) | Visits of a Panel
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| | Rules
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| | (i) | deciding, in consultation with other Members or the host organisation, whether a scheduled visit in Hong Kong should be cancelled or postponed if less than three Members have signed up for the visit [HR 29(d)]
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| | Practices
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| | (ii) | giving direction to the Clerk on logistical arrangements for visits of the Panel
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| (e) | Follow-up work of a meeting
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| | Rules
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| | (i) | deciding whether the comments of the Administration and other attendees on the minutes of a meeting or any part of the minutes should be sought [HR 25(d) and (e)]
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| | Practices
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| | (ii) | clearing reports and minutes of meetings of the Panel prepared by the Clerk
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| 1.14 | The powers and authority of a Chairman are discussed in greater detail in the following chapters.
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Guiding principles
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| 1.15 | As the Chairman chairs meetings and has the responsibility to ensure that the business on the agenda is transacted in a proper and efficient manner, he/she should be familiar with the relevant rules in the Rules of Procedure and House Rules and practices of Panels. The Chairman should consult the Panel on the course of action to be taken regarding a certain matter, if there are no relevant rules or practices.
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| 1.16 | The Chairman should conduct himself/herself with impartiality in discharging his/her responsibilities. He/she should ensure that members have adequate opportunities to take part in the deliberations of the Panel. Where there are differences of opinion, the Chairman should give each side an equal chance to express its views.
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Membership
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| 1.17 | Members are free to join any Panel. Membership of a Panel is invited at the beginning of a new session, and members of a Panel are those who have signified membership before the deadline for application and those whose late application for membership has been accepted. Membership of a Panel is for the whole term, unless a member withdraws membership during the term. A Panel must have at least six Members. [RoP 77(4) and (8), HR 22(b), (c) and (d)]
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| 1.18 | Acceptance of a late application for membership on the ground that the Member concerned was indisposed or away from Hong Kong during the time when membership for Panels is invited is decided by the Chairman. If the late application is not made on such reasons, it will be for the Panel to decide whether there are sufficient grounds to accept the application. [HR 23(b) and (c)]
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| 1.19 | Any Member whose late application is rejected by the Chairman or the Panel may put his/her case to the House Committee for a decision. [HR 23(e)]
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Non-Panel members' attendance
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| 1.20 | A Member may attend any meeting of any Panel, regardless of whether he/she is a member of that Panel. A non-Panel member, however, does not have any voting right in respect of the business of the Panel. [HR 24(d)]
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Meetings
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Regular meetings
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| 1.21 | Every Panel holds regular monthly meetings when the Council is in session. It is the normal practice for these regular meetings to be held at pre-determined meeting time slots agreed to by the Panel at its first meeting in a session. This is to facilitate Members to plan their work commitments and to avoid a clash of meetings.
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Special meetings
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| 1.22 | A Panel may hold special meetings in addition to regular meetings to discuss urgent subject matters or issues as and when necessary, or to discuss subject matters or issues which members do not have adequate time to deal with at regular meetings. For example, a special meeting may be held to receive an urgent briefing by the Administration (paragraph 1.25 below refers).
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Joint meetings
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| 1.23 | A Panel may hold a joint meeting with another Panel to discuss a subject which straddles the policy areas of the two Panels. If there is disagreement between the two Chairmen as to whether one of the two Panels should take up the subject or whether the two Panels should hold a joint meeting, the Chairman of the House Committee (or in his/her absence, the Deputy Chairman) should be consulted. [RoP 77(10), HR 22(l)]
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Inviting other Panels
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| 1.24 | A Panel may invite members of other Panels to its regular or special meetings for discussion on certain agenda items.
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Urgent briefings
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| 1.25 | It is the agreement with the Administration that when public announcements on important matters of wide public concern are to be made by the Administration, it should consult the Chairman and Deputy Chairman of the relevant Panel in the first instance whether and, if so, how the Panel should be briefed on the matter.
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Briefings following Policy Address
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| 1.26 | Bureau Secretaries brief the relevant Panels on the policy commitments of their respective bureaux following the delivery of the Policy Address by the Chief Executive but before the debate on the Motion of Thanks. All policy briefings are held at meetings of Panels, and all Members are notified of the schedule of policy briefings.
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Public's attendance
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| 1.27 | Meetings of a Panel are held in public unless the Chairman instructs otherwise in accordance with the decision of the Panel. [RoP 77(12)]
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| 1.28 | Where a decision is to be made on whether a meeting or any part of it should be held in private, the decision should be made at an open meeting.
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| 1.29 | The public should be admitted to all open meetings of a Panel as long as there are seats in the public galleries of the meeting venue. [HR 24(q)]
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Support service
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Clerk
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| 1.30 | A Clerk is assigned to each Panel. The Clerk together with his/her team provide secretariat services for the Panel and its subcommittees/working groups. The Clerk is the procedural adviser to the Chairman and the Panel, as well as the resource person on the subjects discussed by the Panel. The Clerk follows up decisions of the Panel and prepares background briefs, minutes of meetings, and reports, etc. The Clerk also oversees logistical arrangements for meetings and visits of the Panel.
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Legal adviser
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| 1.31 | A legal adviser is assigned to each Panel to provide legal advice and support to the Panel and its subcommittees/working groups.
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| 1.32 | Where necessary, the Clerk consults the Chairman before a meeting whether the attendance of the legal adviser is required.
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Research support
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| 1.33 | The Research and Library Services Division provides research support for Panels. On the instruction of a Panel, the Division undertakes an in-depth study and analysis of a subject and produces a report for the Panel. References to overseas practices and experiences in other places outside Hong Kong are normally made in such a study.
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| 1.34 | The Division also produces short information notes or fact sheets on topical issues or issues of concern on its own initiative or as suggested by a Panel. Such information notes or fact sheets may also make reference to experiences and practices of other places.
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Specialist advisers
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| 1.35 | A Panel may seek the assistance of an independent specialist adviser to gain more knowledge about a subject, so as to facilitate members' consideration of the policy proposals put forward by the Administration and views of deputations. The detailed arrangements are set out in Appendix I.
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Date and time of meeting
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Regular meeting
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| 2.1 | The Chairman should set the date and time of a regular meeting in accordance with the pre-determined schedule agreed to by the Panel, unless there is reason to re-schedule the meeting. Members should be informed of the reason for re-scheduling.
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Special meeting
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| 2.2 | Except for urgent briefings by the Administration (paragraph 1.25 above refers), it may be necessary to consult members on the date and time if the subject to be discussed is very important or controversial, or there is concern about the availability of members to attend the meeting.
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| 2.3 | If a member of a Panel makes a request for holding a meeting to discuss a specific issue of urgent importance and the Chairman cannot be contacted for considering the request within 48 hours, the Deputy Chairman will then decide whether to convene the meeting and, if convened, the date, time and place of it. [RoP 79B]
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| 2.4 | To enable the Clerk to convey a request for holding an urgent meeting of a Panel, the Chairman and Deputy Chairman should provide the Clerk with adequate information on how they can be contacted.
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Clash of meetings
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| 2.5 | Efforts should be made, as far as practicable, to avoid scheduling two meetings within the same time slot. [HR 24(b)]
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| 2.6 | If a clash of two meetings cannot be avoided, there should be no or minimum overlapping of membership between the two committees, or no member of the Panel is expected to attend the other meeting.
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Lunch time meeting
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| 2.7 | Where necessary, a meeting during lunch time, normally from 1:00 pm to 2:15 pm, may be scheduled.
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Notice of meeting
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| 2.8 | Notice of the date, time and venue of a meeting should be given by the Clerk at least three days before the meeting unless the Chairman agrees that shorter notice be given. [RoP 77(11), HR 24(c)]
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Agenda
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Deciding on agenda items
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| 2.9 | There are no rules in the Rules of Procedure and House Rules on who decides on the agenda items for a meeting. It is the normal practice for the Chairman to consult members at a Panel meeting on the agenda items for future meetings. The Clerk prepares a "List of outstanding items for discussion" to assist the Panel.
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| 2.10 | The agenda, as decided by the Panel and after clearance with the Chairman on the order and wording of items and time allowed for each item, is normally issued to members together with the notice of meeting.
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| 2.11 | It is the normal practice for the Chairman, upon the request of the Administration or individual members, to decide whether a special or urgent item should be added to the agenda of a meeting. In considering whether to accede to the request, the Chairman should have regard to -
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| (a) | whether sufficient time can be allotted to the item;
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| (b) | whether sufficient notice can be given to members, the Administration and other parties concerned; and
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| (c) | whether relevant information about the item can be provided to members at a reasonable time before the meeting to facilitate discussion on it.
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| 2.12 | Where there is a request to defer discussion on an item, the Chairman should consult the Panel on whether the request should be acceded to, if there is urgency in discussing the item or the item is controversial (also see paragraph 2.31 below regarding late submission of papers for an item).
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| 2.13 | Where there is a request to alter the order of items on an agenda, the Chairman should consider whether there is good reason for the request, whether the change will cause inconvenience for other attendees, and whether reasonable notice can be given to members about the change, before making a decision on the request.
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Revised agenda
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| 2.14 | Where subsequent changes are made to the agenda of a meeting, a revised agenda should be issued as soon as possible by the Clerk, to ensure that members are given notice of what will be discussed at the meeting.
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Time allowed for each item
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| 2.15 | The Chairman should decide beforehand the time allowed for discussion on each item and instruct the Clerk to have the time indicated on the agenda. [HR 24(m)]
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Inviting attendees
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The Administration
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| 2.16 | It is the normal practice for the policy bureau concerned to coordinate the attendance of public officers for discussion on a certain item.
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| 2.17 | The Chairman or the Panel may request that a certain public officer be invited. [RoP 9(4)]
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Other organisations
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| 2.18 | Representatives, other than those from the Administration, such as representatives of public bodies, may be invited by a Panel to attend its meeting for discussion on a certain item of business on the agenda.
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Deputations
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Invitation
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| 2.19 | A Panel may invite deputations to make written submissions and oral representations to the Panel on a certain subject. The Chairman normally invites members to give views on which organisations or individuals should be approached.
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| 2.20 | If the subject in question is of wide public concern, it is the normal practice for the Panel to invite views from the public by issuing press releases and/or posting a notice on the LegCo website. Advertisements may also be placed in one English newspaper and one Chinese newspaper as decided by the Chairman or the Panel, but consideration should be given to the cost involved. If a Panel decides to invite views by any one of the three approaches mentioned above, the Panel should also invite the 18 District Councils to give views on the subject.
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Submissions
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| 2.21 | Unless there is great urgency in obtaining views from deputations, it is the normal practice to allow two to three weeks for deputations to send in their submissions. The deadline for submissions and requests for making oral representations is normally one to two weeks prior to the relevant meeting.
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| 2.22 | The Chairman decides whether requests for making oral representations, which are received after the deadline, should be acceded to.
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| 2.23 | Deputations who have put in written submissions prior to the meeting may make further submissions after the meeting on points not covered in their earlier submissions. [HR 25(c)]
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| 2.24 | The Chairman decides whether translation into Chinese should be arranged for submissions made in English. Summary translation into Chinese may be considered for very lengthy submissions made in English. Submissions are circulated to members and made available to the public, unless the deputations concerned raise objection.
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| 2.25 | Submissions are also forwarded to the Administration for its response to the issues and concerns raised in the submissions.
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| 2.26 | Where necessary, the Clerk prepares summaries of issues and concerns raised in the submissions received from deputations and the Administration's response to these issues and concerns.
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Speaking order
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| 2.27 | The Chairman determines the speaking order of deputations by applying the following criteria -
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| (a) | in the order of the receipt of the submissions; and/or
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| (b) | by groups having regard to the background or nature of the deputations; and/or
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| (c) | preference of the deputations.
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Speaking time
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| 2.28 | The Chairman determines the speaking time limit for deputations. In principle, equal speaking time should be allotted to deputations attending the same meeting.
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Background briefs
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| 2.29 | Where practicable and considered necessary by the Chairman, the Clerk prepares background briefs on specific subjects, particularly those involving important, complex and/or controversial issues, to facilitate the Panel's discussion. The Chairman's consent is sought by the Clerk before issuance of the brief to members.
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Papers from the Administration
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| 2.30 | It is the normal practice for the Administration to be requested to provide a paper for each discussion item at a Panel meeting. A deadline is normally set for the receipt of such papers in accordance with the arrangements agreed with the Administration as set out in Appendix II.
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| 2.31 | If the required papers are not received by the agreed deadline, the Chairman may, after consulting the Panel, remove the relevant item from the agenda. If the Chairman decides to leave the item on the agenda, the Chairman should consult the Panel at the meeting whether the item should be discussed or removed from the agenda, and allow time for a short discussion on the matter.
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Information notes/fact sheets
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| 2.32 | The consent of the Chairman is sought for the issuance of an information note or fact sheet produced by the Research and Library Services Division.
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Research reports
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| 2.33 | Upon the endorsement of the Panel for a study to be carried out, an outline of the study is prepared for members' comments and endorsement at a meeting or by circulation. The Chairman's consent is sought before issuance of the outline to members.
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| 2.34 | The Chairman and interested members of the Panel are invited to comment on the draft research report before it is finalised for presentation to the Panel. Internal deliberation may be held to consider whether the draft report has covered all the aspects expected to be covered in the study.
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Personal data
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| 2.35 | Personal data contained in a document is normally obliterated before issuance.
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Defamatory expressions
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| 2.36 | If a document, e.g. a submission from a deputation, contains defamatory remarks/expressions made against or which may be embarrassing to any person or body, etc, the Chairman should instruct the Clerk on how such a document should be dealt with. It may be necessary to restrict the circulation of such a document to members only, or to obliterate the remarks/expressions before circulation.
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Other papers
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| 2.37 | The Chairman decides whether certain documents sent to the Panel, which are not related to any agenda item or subject to be discussed, should be circulated to members.
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Chairman's Brief
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| 2.38 | A Brief for the Chairman is prepared by the Clerk for every meeting and is normally sent to the Chairman not less than one working day before the meeting. The Brief usually contains the following information -
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| (a) | the number of members required to form a quorum of the meeting;
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| (b) | a list of the members of the Panel, representatives of the Administration and other organisations and Secretariat staff attending the meeting;
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| (c) | date of the meeting the minutes which are to be confirmed;
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| (d) | titles of the information papers issued since the last meeting;
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| (e) | proposed changes to the "List of outstanding items for discussion";
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| (f) | response received from the Administration relating to the "List of follow-up actions";
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| (g) | titles of papers for each agenda item;
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| (h) | brief description of the main issues of concern of each discussion item;
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| (i) | matters requiring the Panel's attention/decision;
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| (j) | a reminder of the date of the next meeting; and
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| (k) | any procedural or other matters to which the Chairman's attention should be drawn.
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Meeting with the Clerk
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| 2.39 | Where necessary, the Chairman and Deputy Chairman meet with the Clerk before the meeting to receive an update on the items to be discussed and to consider any procedural points which may be brought up at the meeting.
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Chairing meetings
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| 3.1 | The Chairman of a Panel chairs all its meetings. In his/her absence, the Deputy Chairman takes over as the Chair.
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| 3.2 | In the temporary absence of the Chairman or Deputy Chairman, the Panel may elect a Chairman to act during their absence. [RoP 77(5)]
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| 3.3 | Although the Chairman has the same rights, in principle, as any other member to give his/her views, the Chairman should intervene as little as possible in the discussion and should not usually express personal opinions, in order to avoid giving the impression or being accused of taking sides.
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| 3.4 | Where the Chairman of a Panel considers that there may be concern about conflict of interest or conflict of roles in his/her chairing the meeting for discussion on a certain item, he/she should make a declaration of the matter which is the cause for the concern and invite the Panel to consider whether he/she should preside over the discussion on the item. The Panel may decide whether the Deputy Chairman or another member should preside.
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Quorum
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| 3.5 | The quorum of a Panel is three members including the Chairman, or one-third of its members including the Chairman (a fraction of the whole number being disregarded), whichever is the greater. [RoP 77(8)]
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| 3.6 | If a quorum is not present within 15 minutes of the appointed time, the Chairman should cancel the meeting. [HR 24(g)]
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| 3.7 | In the case where a meeting has just been cancelled, and then all the members of the Panel are present and the public officers are still available, the Chairman may, with the agreement of all the members, call another meeting to be held immediately. [RoP 77(11), HR 24(c)]
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| 3.8 | If the attention of the Chairman is drawn to the fact that a quorum is not present during a meeting, he/she should ask that members be summoned. Unless a quorum is present within 15 minutes, the Chairman should close the meeting. [HR 24(h)]
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Venue not available
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| 3.9 | In the situation where a quorum is present but the venue for the meeting is not available at the appointed meeting time, because the meeting held in the same venue in an earlier time slot has overrun, the following arrangement may be adopted: the Chairman of the meeting in progress should suspend the meeting to enable the other Chairman to declare the meeting open and then immediately suspend the meeting. The earlier meeting can then resume and the other meeting can be held after the earlier meeting has ended.
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Keeping time
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| 3.10 | The Chairman should have regard to the time allotted to each item and should keep tight time control to ensure that business on the agenda is dealt with before the appointed ending time of the meeting. The Chairman may extend the meeting or allow the meeting to continue for not more than 15 minutes beyond the appointed ending time of the meeting, provided that the meeting venue is available. [HR 24A(a)]
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| 3.11 | Further extension of the meeting is subject to the conditions detailed in paragraphs 3.58 to 3.61 below.
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Order of agenda items
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| 3.12 | Items should be taken in the order in which they appear on the agenda. If there is a request for the order of an item to be varied, the Chairman should consult members of the Panel as well as representatives of the Administration and/or other parties concerned, such as deputations. If no objection is raised, the request may be acceded to.
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Privileges and immunities
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| 3.13 | At meetings of the Council or its committees, the privileges and immunities provided by the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) are available to all Members, the Chief Executive and any public officer designated by the Chief Executive for the purpose of attending such meetings. A list of the public officers so designated is in Appendix III.
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| 3.14 | Where discussion on an item is attended by persons who are not covered by the privileges and immunities provided under Cap. 382, e.g. deputations, the Chairman should remind them, at the beginning of the discussion, that when addressing the Panel they do not have such protection and their written submissions are also not protected.
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Order of speaking
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| 3.15 | Members should register their intention to speak at a meeting by raising their hands. The Chairman should call upon Members to speak in turn, having regard to the order in which they have raised their hands.
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| 3.16 | In the situation where there is limited time and there is a long queue of Members waiting to speak, it may be necessary for the Chairman to -
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| (a) | allow a Member to ask only one question and a short follow-up; or
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| (b) | set a time limit, e.g. five minutes, within which a Member asks his/her question and the Administration responds to the question; and
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| (c) | not to invite a Member to speak again until other Members wishing to speak have spoken.
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| 3.17 | Where there are differences of opinion, the Chairman should, as far as possible, give each side an equal chance to express its views.
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Direct pecuniary interest
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| 3.18 | A Member should not vote on any question in which he/she has a direct pecuniary interest, except where his/her interest is in common with the rest or a sector of the population of Hong Kong, or his/her vote is given on a matter of Government policy. [RoP 84(1) and (1A)]
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Voting
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| 3.19 | Matters for the decision of a Panel are decided by a majority of the members voting. Such voting, however, is not binding on any Member, whether in Council or in the House Committee. Non-Panel Members do not have voting right in respect of the business of the Panel. [RoP 77(13), HR 24(d)]
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| 3.20 | Before a matter is voted upon at a meeting of a Panel, a voting bell will be rung if the Chairman orders, on his own motion or upon the request of a member of the Panel, that the members of the Panel be notified of the voting. The Panel will proceed to vote immediately after the bell has been rung for two minutes. However, if the meeting is held simultaneously with a Council meeting, the bell will not be rung. [HR 24(i)]
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| 3.21 | Where no voting bell is provided for the venue where a Panel meets or if the bell does not function or may not be rung, the Chairman should order the Clerk to arrange for members of the Panel within the precincts of the Chamber to be notified of the voting. The voting will be held four minutes after the order has been made. [HR 24(j)]
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| 3.22 | Voting by members at a meeting of a Panel is by a show of hands.
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| 3.23 | A question put to vote will be regarded as agreed to if more members voted in favour of it than those who voted against it. It is the normal practice to record the number of members who abstained from voting, but the number of abstentions is not counted for the purpose of determining the result of the vote.
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| 3.24 | If a member wishes to claim a division of the votes, the member must make the request before the Chairman declares the result of the vote.
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| 3.25 | When the Chairman orders a division, the Clerk will record the names of members who are in favour of the question put, those who are not in favour of the question put, and those who abstain from voting. The Chairman should then instruct the Clerk to read out the names of the members who are in favour of the question put, those who are not in favour of the question put, and those who abstain from voting. The Chairman should then declare the result of the vote. The number of abstentions is not counted for the purpose of determining the result of the vote, as detailed in paragraph 3.23 above.
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Decisions
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| 3.26 | The decision of a Panel is binding on the subcommittees/ working groups of the Panel, but not any other committees of the Council.
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| 3.27 | The Chairman may instruct that a matter for the decision of a Panel be considered by circulation of papers to its members. The matter will be deemed to be approved by the Panel, if a majority of the members of the Panel have signified approval, and no member has signified disapproval or has requested that the matter should be discussed at a meeting.
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| 3.28 | The decisions of a Panel should not be re-opened for discussion, unless with the permission of the Panel. [HR 24(n)]
|
Voting right of Chairman
|
| 3.29 | Except in an election of the Chairman and Deputy Chairman of a Panel, the Chairman or any presiding member has an original vote but not a casting vote. [RoP 77(13) and (13B)]
|
| 3.30 | If the Chairman or the member presiding wishes to exercise his/her original vote on a matter before the Panel, the vote must be exercised at the same time as other members of the Panel exercise their votes; otherwise, the Chairman or the member presiding will be regarded as having given up his/her right to vote on the relevant matter. [RoP 79A(3)]
|
Conduct
|
Members
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| 3.31 | The Chairman is responsible for maintaining order at meetings to ensure the business on the agenda is conducted properly and efficiently.
|
| 3.32 | Some of the rules in the Rules of Procedure which govern the order of Members at Council meetings are applicable to committee meetings, unless the Chairman of the committee decides otherwise. These rules are -
|
| (a) | a Member should not interrupt another Member who is speaking except to raise a point of order or to seek elucidation [RoP 39]
|
| (b) | a Member should restrict his/her observations to the subject under discussion and should not introduce matters irrelevant to that subject [RoP 41(1)]
|
| (c) | a Member should not make reference to a case pending in a court of law in such a way as, in the opinion of the Chairman, might prejudice that case [RoP 41(2)]
|
| (d) | a Member should not use offensive or insulting language about other Members [RoP 41(4)]
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| (e) | a Member should not impute improper motives to another Member [RoP 41(5)]
|
| (f) | the name of the Chief Executive should not be used to influence the Council [RoP 41(6)]
|
| (g) | the conduct of the Chief Executive, a Member of the Executive Council or a Member of LegCo otherwise than in the performance of his/her official duties shall not be raised [RoP 41(7)]
|
| (h) | the conduct of judges and other persons performing judicial functions should not be raised [RoP 41(8)]
|
| (i) | all Members should enter or leave the meeting venue properly attired and with decorum; no Member should cross the floor of the meeting venue unnecessarily; Members should not read newspapers, books or other document except if the contents of such documents are related to the business of the Council; and while a Member is speaking all Members should be silent and should not make unseemly interruptions [RoP 42]
|
| 3.33 | The Chairman of a Panel does not have the power conferred under Rules 44 and 45 of the Rules of Procedure to order a Member to discontinue his/her speech or withdraw from a meeting. In dealing with controversies concerning Members' conduct or points of order at meetings, the Chairman may adopt the following approaches -
|
| (a) | remind the Member that his/her conduct is inappropriate;
|
| (b) | persuade the Member not to continue to behave in the manner which is the subject of the controversy;
|
| (c) | suspend the meeting to let the controversy die down, if necessary; and/or
|
| (d) | seek the view of the Panel on how the controversy should be dealt with.
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Use of offensive or insulting language by a Member
|
| 3.34 | In relation to paragraph 3.32(d) above, a list of expressions which have been ruled by the President and committee chairmen to be offensive and insulting about Members or public officers attending the relevant meeting or unparliamentary in the context in which the expressions were used are set out in Appendix IV. The list is not exhaustive and will be updated as and when new rulings are made. Expressions on the list may be deleted having regard to cultural changes and developments in society. Panel Chairmen are invited to note that -
|
| (a) | whether an expression is offensive and insulting or unparliamentary depends on the context in which it is used;
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| (b) | the Chairman of the Panel may order the Member using such expression to withdraw the expression or stop using the expression; and
|
| (c) | if the Member refuses to withdraw the expression or stop using the expression after he has been so ordered, the Panel Chairman does not have the power to order withdrawal of the Member under RoP 45(2) and may adopt the approaches set out in paragraph 3.33 above.
|
Public
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| 3.35 | If a member of the press or the public is behaving or is likely to behave in a disorderly manner, the Chairman may order the removal of the person from the meeting. [RoP 87, HR 24(s)]
|
Motion moved by Chairman
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| 3.36 | If the Panel decides that a motion for debate in Council should be moved by its Chairman, a slot will be allocated to the Chairman provided that -
|
| (a) | the motion is on a consultative document published by the Government and will be debated before the expiry of the consultation period;
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| (b) | the motion is neutrally-worded without stating any stance; and
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| (c) | no amendment to the motion will be proposed.
|
[HR 14A(a)]
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| 3.37 | The Panel's request together with the wording of the motion should be submitted to the Secretariat before the relevant cut-off date for application for debate slots. [HR 14A(d)]
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| 3.38 | The priority allocation of a debate slot does not apply to cases in which a Panel requests that a debate slot be allocated to its Chairman for moving a motion not on a consultative document published by the Government. Such requests should be put forward to the House Committee for consideration on a case-by-case basis. [HR 14A(g) and (h)]
|
| 3.39 | The Chairman of the Panel who has been allocated a slot under circumstances described in paragraph 3.36 or 3.38 above may withdraw the notice of motion at any time before it is moved by giving instructions to the Clerk to LegCo. Unless the notice of withdrawal is given before the deadline for giving notice of motion (i.e. 12 clear days before the meeting), the Chairman of the Panel is considered to have been allocated a debate slot. [HR 14A(i)]
|
| 3.40 | In the situation where the Chairman of the Panel is not in favour of the motion, or if the Chairman does not wish to move the motion, the Panel should invite its Deputy Chairman or another member who is in favour of the motion to move the motion.
|
Motion without notice
Substantive motions
| | 3.41 | If a motion is moved without notice by a member in relation to an agenda item, the Chairman should deal with it in accordance with the following steps -
| | (a) | to decide whether the motion is directly related to the agenda item;
| | (b) | to invite the members present to consider whether the motion should be dealt with, if the motion is ruled directly related to the agenda item; and
| | (c) | to proceed to deal with the motion, if agreed to by a majority of the members voting.
| [HR 22(p)]
| These steps are discussed in greater detail below.
| | 3.42 | The Chairman should first decide whether the motion is directly related to an agenda item of that meeting. This is to ensure that members are aware of the possibility that a motion may be moved without notice on the subject matter of an agenda item. For this reason, a motion moved under "Any other business" or under a newly added discussion item under "Any other business" should not be ruled admissible by the Chairman.
| | 3.43 | The proposed motion or any amendment to the motion should be presented to the Panel in written form. [HR 22(p)]
| | 3.44 | The Chairman or the Clerk should read out the wording of the motion and any amendment. If necessary, the Chairman should instruct the Clerk to arrange for the wording of the proposed motion and any amendment to be copied to members.
| | 3.45 | If the Chairman rules that the motion is directly related to the agenda item, the Chairman should invite members present to consider whether the motion should be proceeded with. The motion will be proceeded with if agreed to by a majority of the members voting, and it should be dealt with under the agenda item to which it relates. The Chairman may, with the agreement of the Panel, decide to deal with the motion later at the same meeting.
| | 3.46 | No new motion, however, may be proposed during the period of extension or continuation of the meeting allowed by the Chairman or the period of extension agreed to by the Panel (see paragraphs 3.57 to 3.61 below). [HR 24A(f)]
| | 3.47 | The Chairman should allow members to give views on the motion and any amendment before they are put to vote.
| | 3.48 | After members have expressed their views, the amendment should be voted on first. If the amendment is voted down, the original motion should be put to vote.
| | 3.49 | If there are two or more amendments, the Chairman should call on the members concerned to move their amendments in the order in which these amendments relate to the text of the motion, or in cases of doubt in the order decided by the Chairman.
| | 3.50 | In the case of two amendments being inconsistent with each other, if the amendment which is voted on first is passed, the other amendment is deemed to be negatived.
| | 3.51 | If there are two or more motions moved by members which have been ruled by the Chairman to be directly related to the agenda item and decided by the Panel that they should be proceeded with, a joint discussion on the motions should be held.
| | 3.52 | After members have given their views, the motions should be voted on in the order in which they were presented to the Panel.
| | 3.53 | In the case of two motions being inconsistent with each other, if the motion which is voted on first is passed, the other motion is deemed to be negatived.
| | 3.54 | A Member may not move any motion or amendment relating to a matter in which he/she has a pecuniary interest, whether direct or indirect, or speak on any such matter, except where he/she discloses the nature of that interest. [RoP 83A]
| Procedural motions
| Motion to adjourn
| | 3.55 | If during the discussion on a substantive motion, a member moves a procedural motion to adjourn the discussion, the procedural motion should be dealt with first. If the motion is supported, the Chairman will adjourn the discussion. If the motion is voted down, discussion on the substantive motion may continue.
| Motion to take vote immediately
| | 3.56 | If during the discussion on a substantive motion, a member moves a procedural motion that a vote on the substantive motion be taken immediately, the procedural motion should be dealt with first. If the motion is supported, a vote on the substantive motion will be taken immediately. If the motion is voted down, discussion on the substantive motion may continue.
| Extension of meetings
| | 3.57 | As detailed in paragraph 3.10 above, the Chairman may extend a meeting or allow a meeting of the Panel to continue for not more than 15 minutes beyond the appointed ending time of the meeting, provided that the meeting venue is available. [HR 24A(a)]
| | 3.58 | The meeting may be extended for more than 15 minutes beyond the appointed ending time or the period of extension/continuation of meeting referred to in paragraph 3.57 above, provided that -
| | (a) | such a proposal is put forward during the original appointed meeting time or the period of extension/continuation of meeting referred to in paragraph 3.57 above;
| | (b) | no member of the Panel present at the meeting raises objection to the proposal; and
| | (c) | the meeting venue is available.
| [HR 24A(b)(i) to (iii)]
| | 3.59 | Subject to the availability of the meeting venue, the period of extension referred to in paragraph 3.58 above may be extended for a further specified period, provided that such a proposal is put forward during that extended period and no member of the Panel present at the meeting raises objection to the proposal. [HR 24A(c)]
| | 3.60 | The Chairman shall ascertain whether any member of the Panel present at the meeting raises objection to a proposal put forward under paragraph 3.58 or 3.59 above without debate or discussion. [HR 24A(d)]
| | 3.61 | Where a motion has been proposed and agreed to be dealt with during the original appointed meeting time but has not been so dealt with, the motion may be dealt with during the period of extension or continuation of meeting allowed by the Chairman under paragraph 3.57 above, or the period of extension decided by the Panel under paragraph 3.58 or 3.59 above. However, no new motion may be proposed during such period of extension or continuation of meeting referred to in paragraphs 3.57, 3.58 and 3.59 above. [HR 24A(e)and (f)]
| Language
| | 3.62 | Members and other attendees of a meeting may speak in either Cantonese, Putonghua or English. However, prior notification to address the committee in Putonghua must be given to the Clerk so that appropriate simultaneous interpretation service can be arranged.
| | 3.63 | The Chairman, whenever necessary, should remind Members, representatives of the Administration and deputations to refrain from using "cocktail" language at meetings so as to facilitate the work of the simultaneous interpreters. [HR 24(o)]
| |
Subcommittee of a Panel
|
Appointment
|
| 6.1 | A Panel may appoint a subcommittee to study a specific issue and report to the Panel. Members of the subcommittee must be members of that Panel. [RoP 77(9), HR 22(s)]
|
| 6.2 | A proposal to appoint a subcommittee should contain sufficient information on the proposed terms of reference, time frame, work plan and extent of work involved in the study of the specific issue or project to facilitate consideration by the Panel concerned. [HR 22(u)(ii)]
|
| 6.3 | A Panel may decide at its first meeting in each session whether members may re-signify membership of the subcommittees formed under the Panel in the previous session. It is for individual subcommittees to decide whether re-election of the Chairman of the subcommittee is necessary.
|
Terms of reference
|
| 6.4 | The terms of reference of a subcommittee of a Panel should be decided by the Panel, and should be issue-specific or project-specific. [HR 22(u)(i)]
|
Activation of subcommittees
|
| 6.5 | The maximum number of subcommittees under the House Committee and Panels on policy issues or Council business (other than subsidiary legislation, other instruments made under an Ordinance, draft of subsidiary legislation or such instruments, and proposed endorsement of the appointment or removal of senior judges) that may be in operation at any one time is eight. Where the number has reached eight, a queuing system will automatically be activated with a waiting list formed. The order of subcommittees on the waiting list is in the order of their appointment. [HR 22(u)(iv),26(a) and (b)]
|
| 6.6 | Where the number of Bills Committees in operation is less than 16, the House Committee may activate subcommittees on the waiting list after having considered the factors set out in rule 26(b) of the House Rules. [HR 26(b)]
|
Voting and decisions
|
| 6.7 | All matters for the decision of a subcommittee of a Panel are decided by the majority of the members of the subcommittee voting. Such voting is not binding on any Member, whether in Council, in a committee of the whole Council or in the House Committee. [RoP 77(13)]
|
Voting right of Chairman
|
| 6.8 | Except in an election of the Chairman and Deputy Chairman of a subcommittee, the Chairman or any presiding member has an original vote but not a casting vote. If the Chairman or the member presiding wishes to exercise his/her original vote on a matter before the subcommittee, the vote must be exercised at the same time as other members of the subcommittee exercise their votes; otherwise, the Chairman or the member presiding will be regarded as having given up his/her right to vote on the relevant matter. [RoP 77(13), (13B) and 79A(3), Appendix IV of HR]
|
Procedures and practices
|
| 6.9 | The procedures and practices of a subcommittee of a Panel are determined by that Panel. The procedures and practices set out in rules 20 to 25 of the House Rules apply, where appropriate, to subcommittees of Panels. [RoP 77(15), HR 26(f)]
|
Duration of subcommittees
|
| 6.10 | A subcommittee should complete its work within 12 months of its commencement and report to the relevant Panel. Should a subcommittee consider it necessary to work beyond that 12 months, it should, after obtaining the endorsement of the relevant Panel, report to the House Committee and give justifications for an extension of the 12-month period. [HR 26(c)]
|
Reporting to the Panel
|
| 6.11 | A subcommittee may report to the Panel at any time when it considers appropriate, but should do so as soon as it has completed its work. The report should set out the deliberations and recommendations/ conclusions of the subcommittee, if any. The Clerk to the subcommittee drafts the report and forwards it to the Chairman (and members, if so requested) for clearance before issuance. [RoP 77(9), HR 22(u)(iii)]
|
Dissolution
|
| 6.12 | The subcommittee is dissolved upon the submission of the report, or when the Panel so decides.
|
Joint subcommittee formed by two or more Panels
|
Appointment
|
| 6.13 | Two or more Panels may appoint a joint subcommittee to study a matter of common interest to the relevant Panels. Only members of the relevant Panels may join the joint subcommittee as members. [RoP 77(9A), HR 22(t)]
|
| 6.14 | A proposal to appoint a joint subcommittee should contain sufficient information on the proposed terms of reference, time frame, work plan and extent of work involved in the study of the specific issue or project to facilitate consideration by the relevant Panels. [HR 22(u)(ii)]
|
| 6.15 | The relevant Panels may decide at their first meeting in each session whether members may re-signify membership of the joint subcommittee formed under the Panels in the previous session. It is for the joint subcommittee to decide whether re-election of the Chairman of the joint subcommittee is necessary.
|
Terms of reference
|
| 6.16 | The terms of reference of a joint subcommittee should be decided by the relevant Panels, and should be issue-specific or project-specific. [HR 22(u)(i)]
|
Activation of joint subcommittees
|
| 6.17 | The mechanism for activation of subcommittees set out in paragraphs 6.5 and 6.6 above also applies to joint subcommittees appointed under Panels.
|
Quorum
|
| 6.18 | The quorum of a joint subcommittee is one-third of the membership of the joint subcommittee, including the Chairman (a fraction of the whole number being disregarded). [HR 22(t)]
|
Voting and decisions
|
| 6.19 | All matters for the decision of a joint subcommittee are decided by the majority of the members of the joint subcommittee voting. Such voting is not binding on any Member, whether in Council, in a committee of the whole Council or in the House Committee. [RoP 77(13)]
|
Voting right of Chairman
|
| 6.20 | Except in an election of the Chairman and Deputy Chairman of a joint subcommittee, the Chairman or any presiding member has an original vote but not a casting vote. If the Chairman or the member presiding wishes to exercise his/her original vote on a matter before the joint subcommittee, the vote must be exercised at the same time as other members of the joint subcommittee exercise their votes; otherwise, the Chairman or the member presiding will be regarded as having given up his/her right to vote on the relevant matter. [RoP 77(13), (13B) and 79A(3), Appendix IV of HR]
|
Procedures and practices
|
| 6.21 | The procedures and practices of a joint subcommittee are determined by the relevant Panels. The procedures and practices set out in rules 20 to 25 of the House Rules apply, where appropriate, to joint subcommittee of Panels. [RoP 77(15), HR 26(f)]
|
Duration of joint subcommittees
|
| 6.22 | A joint subcommittee should complete its work within 12 months of its commencement and report to the relevant Panels. Should a joint subcommittee consider it necessary to work beyond that 12 months, it should, after obtaining the endorsement of the relevant Panels, report to the House Committee and give justifications for an extension of the 12-month period. [HR 26(c)]
|
Reporting to the Panels
|
| 6.23 | A joint subcommittee may report to the Panels at any time when it considers appropriate, but should do so as soon as it has completed its work. The report should set out the deliberations and recommendations/ conclusions of the joint subcommittee, if any. The Clerk to the joint subcommittee drafts the report and forwards it to the Chairman (and members, if so requested) for clearance before issuance. The report of the joint subcommittee should be submitted to the relevant Panels for endorsement. [RoP 77(9A), HR 22(u)(iii)]
|
Dissolution
|
| 6.24 | The joint subcommittee is dissolved upon the submission of the report, or when the relevant Panels so decide.
|
Working group
|
Formation
|
| 6.25 | A Panel may form a working group for the purpose of assisting the Panel in the performance of its functions, such as undertaking preparatory work to facilitate the consideration of a subject by the Panel. Members of the working group should be members of that Panel.
|
No privileges and immunities
|
| 6.26 | Meetings of a working group are informal and are held in closed sessions. The privileges and immunities provided under Cap. 382 are not available to members of the working group because it is not a LegCo committee. The procedures and practices of Panels do not normally apply to the operation of a working group.
|
Terms of reference
|
| 6.27 | The terms of reference of a working group are determined by the Panel. The terms of reference of a working group may be proposed by the working group. Such proposed terms of reference should be within the scope and purpose decided by the Panel and submitted to the Panel for endorsement.
|
Reporting to the Panel
|
| 6.28 | The Clerk is responsible for drafting the report of the working group to report its deliberations and recommendations/conclusions to the Panel. The Clerk clears the report with the Chairman (and members, if so requested) of the working group before issuance.
|
Dissolution
|
| 6.29 | The working group is dissolved upon the submission of the report, or when the Panel so decides.
|
Decisions
|
| 8.1 | Decisions made by the Panel are followed up by the Clerk in consultation with the Chairman.
|
| 8.2 | Where a motion passed by the Panel requires the Administration's follow-up action or response, the Clerk writes to inform the Bureau Secretary (or other public officers) concerned of the motion and to request him/her (or the public officer) to take follow-up action or provide a response to the motion, as appropriate.
|
| 8.3 | The Clerk also writes to the relevant bureau if there are other follow-up actions required of the Administration.
|
| 8.4 | The Clerk prepares a "List of follow-up actions" to assist the Panel in keeping track of such matters. The list is updated and put on the agenda of each regular meeting of a Panel.
|
| 8.5 | The Clerk undertakes other necessary follow-up work according to the decisions of the Panel including -
|
| (a) | seeking allocation of a debate slot (paragraphs 3.37 and 3.38 above);
|
| (b) | seeking the House Committee's permission to undertake a visit outside Hong Kong (paragraphs 5.2 and 5.3 above);
|
| (c) | informing the House Committee of the Panel's decision to seek the Council's authorisation to exercise the powers conferred by section 9(1) of Cap. 382 (paragraph 7.2 above); and
|
| (d) | recommending to the House Committee that a select committee be appointed (paragraph 7.6 above).
|
Minutes
|
| 8.6 | The Clerk to the Panel prepares the minutes of the meetings of the Panel. [HR 25(a)]
|
| 8.7 | The draft minutes of a Panel meeting are presented in detailed form.
|
| 8.8 | The minutes of a meeting with the Administration and other outside parties need not normally be cleared with them. The Chairman has the discretion to decide whether the draft minutes or any part of the draft minutes should be shown to those who have attended the meeting if, in the Chairman's view, it will facilitate the work of the Panel. [HR 25(d) and (e)]
|
| 8.9 | The draft minutes are cleared with the Chairman before issuance to members for confirmation at a meeting or by circulation. [HR 25(f)]
|
Verbatim records
|
| 8.10 | Verbatim records are not normally prepared for a meeting, except where the Panel is conducting an enquiry and has been authorised to summons witnesses to give evidence. [HR 25(b)]
|
| 8.11 | The Chairman may, with the agreement of the Panel, determine that a verbatim record of a meeting be made. The request should be justified on the grounds of need. Such a request should be submitted to The Legislative Council Commission with justifications for record.
|
Reporting to the Legislative Council
|
Reports
|
| 8.12 | A Panel is required to make at least one report on its work every session to the Council. [RoP 77(14), HR 22(w)]
|
| 8.13 | Such a report is normally presented to the Council at the end of the session. The Clerk is responsible for drafting the report. Before presenting the report to the Council, the report is cleared with the Chairman and then endorsed by the Panel. The endorsement of the report by the Panel may be sought at a meeting or by circulation.
|
| 8.14 | A Panel may make other reports to the Council as and when it considers appropriate. [RoP 77(14)]
|
| 8.15 | As discussed in paragraph 7.4 above, if a Panel has been authorised to exercise the powers conferred by section 9(1) of Cap. 382, the Panel should make a report to the Council after it has completed its consideration. [HR 22(w)]
|
Addressing the Council
|
| 8.16 | The permission of the President is required for the presentation of a report to the Council and for the Chairman to address the Council on the report. No debate is allowed on the Chairman's address. [RoP 21(1), (3) and (6)]
|
| 8.17 | The Chairman should provide an advance copy of the intended address to the President to enable the President to decide whether the address may give rise to a debate. [HR 2]
|
| 8.18 | The Clerk is responsible for drafting the Chairman's address.
|
Reports for the House Committee
|
| 8.19 | A Panel may make a report to or seek the views of the House Committee on a particular matter, or inform the House Committee of the contents of its study report. [RoP 77(14), HR 22(w)]
|
