RULES OF PROCEDURE OF

THE PROVISIONAL LEGISLATIVE COUNCIL OF
THE HONG KONG
SPECIAL ADMINISTRATIVE REGION


MADE BY THE PROVISIONAL LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION ON 12 APRIL 1997.

PART G

MOTIONS


29. Notice of Motions and Amendments

   (1) Except as otherwise provided in these Rules of Procedure, no motion shall be moved in the Council unless notice of it has been given not less than 12 clear days before the day on which the motion is to be considered by the Council or a committee of the whole Council:

   Provided that the President or Chairman, as the case may be, may in his discretion dispense with such notice.

   (2) 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 5 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.

   (3) 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 3 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.

   (4) The notice period required for any amendment to a motion referred to in subrule (2) or (3) shall be decided by the President according to his discretion.

   (5) Except as otherwise provided in these Rules, no amendment shall be moved to a motion unless -

     (a) notice of the amendment has been given not later than 5 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.

30. Manner of Giving Notice of Motions and Amendments

   (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, and such other Members who introduce the motion or amendment jointly with the mover of the motion or amendment.

   (2) A notice of an amendment to a motion shall be in Chinese if the motion is in Chinese and in English if the motion is in English.

   (3) 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.

31. Restriction on Motions and Amendments

   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 Chief Executive; or

     (b) a public officer designated by the Chief Executive under Rule 9 (Attendance of Public Officers); or

     (c) a Member, if the Chief Executive consents in writing to the proposal.

32. Motions on Previous Decisions of Council

   Except as otherwise provided in Rule 67 (The Chief Executive Returning a Bill Passed to the Council for Reconsideration), where the Council has taken a decision on a specific question no further motion shall be moved in relation to that question during the same session except a substantive motion to rescind the decision, moved with the permission of the President.

33. Manner of Debating Motions

   (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.

   (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.

   (3) Amendments of which notice has been given or dispensed with in accordance with Rule 29(5)(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.

   (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.

34. Manner of Debating Amendments to Motions

   (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