Rules of Procedure

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 or a committee of the whole 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 –
- (a)
  
  subsidiary legislation which is subject to section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) or any other Ordinance; or
- (b)
  
  any instrument (other than subsidiary legislation) in accordance with the Ordinance under which it is made,
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:
(L.N. 129 of 2009)
Provided that the President may in his discretion dispense with such notice.
(3)

No motion to extend the period for amendment in accordance with section 34(4) of the Interpretation and General Clauses Ordinance (Cap. 1) or the relevant provision in the Ordinance under which the subsidiary legislation or instrument referred to in subrule (2) is made 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:
(L.N. 129 of 2009)
Provided that the President may in his discretion dispense with such notice.
(3A)

The President shall, upon the moving of a motion under subrule (3), put the question on that motion without debate.
(L.N. 47 of 2021)
(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)

(Repealed L.N. 129 of 2009)
(6)
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. Subject to Article 73(9) of the Basic Law, 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.
(1A)

Notice of a motion moved under Rule 49B(1A) (Disqualification of Member from Office) shall be signed by the Member wishing to move the motion and 3 other Members. (L.N. 107 of 1999)
(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, which includes those necessitated by the combination of motions or amendments, as he may direct; or
  (L.N. 187 of 2017)
- (c)
  
  that it be returned to the Member who signed it, as being in his opinion out of order; or
  (L.N. 187 of 2017)
- (d)
  that it be returned to the Member who signed it –
  - (i)
    
    as the motion or amendment covered by that notice has not been selected by the President; or
  - (ii)
    
    as the motion or amendment covered by that notice has been combined with another motion or amendment.
    (L.N. 187 of 2017)
(3A)

Before a direction is given under subrule (3)(d), the President may, if he thinks fit, request any Member who has given notice of a motion or an amendment to give such explanation of the subject matter of the motion or amendment as may enable him to form his judgement on the matter, and may take into account the explanation so given. In the event that there are more than one Member proposing the motions or amendments to be combined, the President may designate which Member shall propose it. (L.N. 187 of 2017)
4)

If more than one notice is received by the Clerk for the same amendment, the Member who gave the earliest notice which has not been withdrawn shall be the mover of the amendment. (L.N. 228 of 2000)

31. Restriction on Motions and Amendments

(1)
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 designated public officer ; or
- (c)
  
  a Member, if the Chief Executive consents in writing to the proposal.
  (L.N. 228 of 2000)
(2)
If the subject matter of a motion (not being a motion proposed to be moved by a designated public officer) not intended to have legislative effect and notice of which is given is substantially the same as that of –
- (a)
  
  a motion intended to have legislative effect, or a bill, notice of which has been given earlier for a specific Council meeting; or
- (b)
  
  any matter being considered by a standing committee or a select committee, or a committee authorized by the Council to conduct an inquiry into that matter,

32. Motions on Previous Decisions of Council

(1)

Where the Council has taken a decision on a specific question and the question has been decided in the affirmative, no further motion shall be moved in relation to that question during the current session except a motion to rescind the decision, moved with the permission of the President. (L.N. 311 of 1998)
(2)

Where the Council has taken a decision on a specific question and the question has been decided in the negative, no further motion shall be moved in relation to that question during the current session. (L.N. 311 of 1998)

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.
(2A)

In the debate on a motion moved under Rule 49E(2) (Motions on Reports of House Committee on Consideration of Subsidiary Legislation and Other Instruments), the chairman of a subcommittee formed to study any subsidiary legislation or instrument referred to in the report which is the subject of that motion shall speak in the order as agreed by the House Committee. (L.N. 245 of 2009)
(3)

Amendments of which notice has been given or dispensed with in accordance with Rule 29(6)(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.
(3A)

Subject to subrules (3AA) and (3B), when no more Member indicates his intention to speak in a debate in the Council, the President shall call upon the mover of the motion to speak in reply. The reply, if so made, shall be confined to matters raised during the debate.
(L.N. 86 of 2000; L.N. 163 of 2007; L.N. 245 of 2009)
(3AA)

The mover of a motion under Rule 49E (Motions on Reports of House Committee on Consideration of Subsidiary Legislation and Other Instruments) shall not speak in reply. (L.N. 245 of 2009)
(3B)
Except in the case of a motion moved by a designated public officer or under Rule 13(1) (The Chief Executive's Policy Address), Rule 16(4) (Motions for the Adjournment of the Council) or Rule 49E(2) (Motions on Reports of House Committee on Consideration of Subsidiary Legislation and Other Instruments), the President shall call upon designated public officers attending the debate to speak –
(L.N. 245 of 2009)
- (a)
  
  before any Member who indicates his intention to speak is called upon to speak; and
- (b)
  
  when no more Member indicates his intention to speak or, in the case of a joint debate on the motion and its amendments, after the mover of the motion has been called upon to speak on the amendments and has spoken.
  (L.N. 163 of 2007)
(3C)
In the debate on a motion moved under Rule 49E(2) (Motions on Reports of House Committee on Consideration of Subsidiary Legislation and Other Instruments) –
- (a)
  
  subject to paragraph (b), the President shall call upon designated public officers attending the debate to speak when no more Member indicates his intention to speak on the motion; or
- (b)
  
  if the debate is divided into sessions, the President shall call upon designated public officers attending a particular session to speak when no more Member indicates his intention to speak in that session.
  (L.N. 245 of 2009)
(4)

After the mover of a motion has made his reply, or in the event that there is no reply, the debate comes to a close. Except as provided in Rule 49E(9) (Motions on Reports of House Committee on Consideration of Subsidiary Legislation and Other Instruments), the President shall forthwith put the question on the motion, or on the motion as amended, to the Council for its decision. (L.N. 86 of 2000; L.N. 245 of 2009)
(5)

When no or no more Member indicates his intention to speak in a committee of the whole Council, the Chairman shall forthwith put the question on the motion, or on the motion as amended, to the committee of the whole Council for its decision. (L.N. 86 of 2000)
(6)

No Member may speak on the question after it has been put to the Council or a committee of the whole Council for decision by the President or Chairman. (L.N. 86 of 2000)

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 –
- (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)

The President or Chairman may allow a joint debate on a motion and its amendments.
(5)

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.
(5A)

In the Council the mover of an amendment shall not have the right of reply. (L.N. 86 of 2000)
(6)

When no or no more Member indicates his intention 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. 86 of 2000)
(7)

No Member may speak on the question after it has been put to the Council or a committee of the whole Council for decision by the President or Chairman. (L.N. 86 of 2000)

35. Withdrawal of Motions and Amendments

(1)

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.
(L.N. 228 of 2000)
(2)

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 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 Rules of Procedure is given.

Introduction

Notice of Motions and Amendments

Manner of Giving Notice of Motions and Amendments

Restriction on Motions and Amendments

Motions on Previous Decisions of Council

Manner of Debating Motions

Manner of Debating Amendments to Motions

Withdrawal of Motions and Amendments