Rules of Procedure

PART H

RULES OF SPEAKING

36. Time and Manner of Speaking

(1)

A Member shall speak standing and shall address his observations to the President or Chairman.
(2)

When the President or Chairman rises, during proceedings in Council or in committee of the whole Council, every Member shall be seated.
(3)

If two or more Members indicate their intention to speak at the same time, the President or Chairman shall select one Member and call on him to speak. (L.N. 107 of 1999)
(4)

When a Member has finished speaking he shall resume his seat and the President or Chairman shall thereupon call such other Members who indicate or have indicated their intention to speak.
(L.N. 107 of 1999)
(5)

Subject to Rule 37 (Recommendations of House Committee as to Time of Speaking), a Member shall not, without the permission of the President or the Chairman, to be given only in exceptional circumstances, make a speech lasting more than 15 minutes.
(6)

The restriction on speaking time referred to in subrule (5) shall not apply to designated public officers and a Member reporting to the Council under Rules 21 (Presentation of Papers) and 54(7) (Second Reading).

37. Recommendations of House Committee as to Time of Speaking

(1)
In relation to any motion or amendment to a motion to be moved at a meeting of the Council, whether or not the motion or amendment has at the time been placed on the Agenda of the Council, the House Committee may make recommendations on the duration of debates and the speaking time limits of Members in debates, provided that the President or the Chairman of a committee of the whole Council may in his discretion adjust the relevant duration of debates and speaking time limits. (L.N. 311 of 1998; L.N. 47 of 2021)
- (a)
  
  (Repealed L.N. 47 of 2021)
- (b)
  
  (Repealed L.N. 47 of 2021)
- (c)
  
  (Repealed L.N. 47 of 2021)
(2)

Where the House Committee so recommends under subrule (1) the Chairman shall cause the President to be notified in writing of the Committee's recommendations.
(3)

Any recommendations of the House Committee under subrule (1), if accepted by the President (in which event he shall so inform Members as soon as practicable prior to calling upon the Member to move the motion), shall be binding upon all Members, but not upon designated public officers, and the President shall direct any Member speaking in excess of the recommended specified time to discontinue his speech.

38. Occasions when a Member may Speak more than once

(1)
A Member may not speak more than once on a question, except – (L.N. 86 of 2000)
- (a)
  
  in committee of the whole Council; or
- (b)
  
  as provided in subrule (2); or
- (c)
  
  in explanation as provided in subrule (3); or
- (d)
  
  in the case of the mover of a motion, in reply at the end of the debate on the motion; or
  (L.N. 86 of 2000)
- (e)
  
  (Repealed L.N. 86 of 2000)
- (f)
  
  upon a Member's motion as provided in subrule (8); or (L.N. 86 of 2000)
- (fa)
  
  upon a motion to take note of a report of the House Committee as provided in Rule 49E(8) (Motions on Reports of House Committee on Consideration of Subsidiary Legislation and Other Instruments); or (L.N. 245 of 2009)
- (g)
  
  with the leave of the President. (L.N. 86 of 2000)
(2)

A Member who has spoken under Rule 54(7) (Second Reading) may speak a second time during the same debate.
(3)

A Member who has spoken on a question may again be heard to explain some part of his speech which has been misunderstood, but when speaking he shall not introduce new matter and shall only speak on the part which has been misunderstood. (L.N. 187 of 2017)
(4)

(Repealed L.N. 86 of 2000)
(5)

A Member who has spoken on a question may speak again on an amendment moved to that question, and on a motion that the debate now be adjourned moved during the debate on that question.
(6)

(Repealed L.N. 86 of 2000)
(7)

(Repealed L.N. 86 of 2000)
(8)

A designated public officer may speak a second time upon a Member's motion. (L.N. 86 of 2000)

39. Interruptions

(1)
A Member shall not interrupt another Member, except – (L.N. 125 of 2021)
- (a)
  
  by rising to a point of order, and if called by the President or Chairman, when the Member speaking shall resume his seat and, subject to subrule (2), the Member interrupting shall direct attention to the point which he wishes to bring to notice and submit it to the President or Chairman for decision; or
  (L.N. 125 of 2021)
- (b)
  
  to seek elucidation of some matter raised by that Member in the course of his speech, if the Member speaking is willing to give way and resume his seat and the Member wishing to interrupt is called by the President or Chairman.
(2)

The President or Chairman may direct the Member who is interrupting another Member under subrule (1)(a) to discontinue speaking if the President or Chairman is of the opinion that the interruption is an abuse of procedure. (L.N. 125 of 2021)

40. Adjournment of Debate or of Proceedings of a Committee of the Whole Council

(1)

Subject to subrules (1A) and (1B), a Member who has risen to speak on a question in the Council, and before he so speaks, may move without notice that the debate be now adjourned. Thereupon the President shall propose the question on that motion. (L.N. 47 of 2021)
(1A)

No motion without notice may be moved to adjourn a debate on a motion moved under subrule (6A), Rule 16 (Motions for the Adjournment of the Council), Rule 49B(2A) (Disqualification of Member from Office), Rule 49E(2) (Motions on Reports of House Committee on Consideration of Subsidiary Legislation and Other Instruments), Rule 54(4) (Second Reading), Rule 55(1)(a) (Committal of Bills), Rule 84(3A) or (4) (Voting or Withdrawal in case of Direct Pecuniary Interest), Rule 89(2) (Procedure for Obtaining Leave for Member to Attend as Witness in Civil Proceedings) or Rule 90(2) (Procedure for Obtaining Leave to Give Evidence of Council Proceedings). (L.N. 47 of 2021)
(1B)

Where the President is of the opinion that the moving of the motion that the debate be now adjourned is an abuse of procedure, he may decide not to propose the question on the motion or to put the question forthwith without debate. (L.N. 47 of 2021)
(2)

When a motion that the debate be now adjourned has been agreed to, the debate on the question then before the Council shall stand adjourned and the Council shall proceed to the next item of business.
(3)

When a motion that the debate be now adjourned has been negatived, the debate on the question then before the Council shall be continued and no further motion that the debate be now adjourned shall be moved during that debate except by a designated public officer.
(4)

When the Council is in committee a Member may move without notice that further proceedings of the committee be now adjourned. Thereupon the Chairman shall propose the question on that motion. If the motion is agreed to, the Council shall resume; but if the motion is negatived, the committee shall continue its proceedings. Where the Chairman is of the opinion that the moving of the adjournment of proceedings is an abuse of procedure, he may decide not to propose the question or to put the question forthwith without debate.
(L.N. 187 of 2017)
(5)

It shall not be in order to move an amendment to a motion under the provisions of this Rule.
(6)

Except as otherwise provided in subrule (6A), a debate adjourned under the provisions of subrule (2) may be resumed at a subsequent meeting of the Council provided that the Member or public officer who moved the motion for that debate, or in the case of a debate on a bill, the Member or public officer in charge of the bill, shall give notice in writing to the Clerk of his intention to resume the debate not less than 5 clear days before the day on which the debate is to be resumed:
(L.N. 107 of 1999)
Provided that the President may in his discretion dispense with such notice.
(6A)

A debate adjourned under the provisions of Rule 49B(2A) (Disqualification of Member from Office) shall be resumed at the earliest meeting of the Council at which normal business is transacted after the report of the investigation committee has been laid on the Table of the Council. (L.N. 107 of 1999)
(7)

Proceedings of a committee of the whole Council adjourned under the provisions of subrule (4) may be resumed at a subsequent meeting of the committee provided that the Member or public officer in charge of the bill to which the adjourned proceedings relate shall give notice in writing to the Clerk of his intention to resume the proceedings not less than 5 clear days before the day on which the proceedings are to be resumed:
Provided that the Chairman may in his discretion dispense with such notice.
(8)

The provisions of subrules (1), (1B), (2), (3), (4) and (5) shall apply to any debate or proceedings resumed under the provisions of subrules (6) and (7). (L.N. 47 of 2021)

41. Contents of Speeches

(1)

A Member shall restrict his observations to the subject under discussion and shall not introduce matter irrelevant to that subject.
(2)

Reference shall not be made to a case pending in a court of law in such a way as, in the opinion of the President or Chairman, might prejudice that case.
(3)

Except as otherwise provided in Rule 66 (Bills Returned for Reconsideration), it shall be out of order to attempt to reconsider a specific question on which the Council has taken a decision during the session, except in debate on a motion to rescind that decision moved with the permission of the President.
(4)

It shall be out of order to use offensive and insulting language about Members of the Council.
(5)

A Member shall not impute improper motives to another Member.
(6)

The name of the Chief Executive shall not be used to influence the Council.
(7)

Except where his conduct is the subject of a motion to which Part JA (Procedures for Particular Motions) applies, the conduct of the Chief Executive, a Member of the Executive Council or a Member of the Legislative Council otherwise than in the performance of his official duties shall not be raised. (L.N. 311 of 1998)
(8)

The conduct of Judges or other persons performing judicial functions shall not be raised.

42. Behaviour of Members during Meeting

During a meeting of the Council –

(a)

all Members shall dress in business attire and behave with decorum; (L.N. 125 of 2021)
(b)

no Member shall cross the floor of the Council unnecessarily;
(c)

Members shall not read newspapers, books, letters or other documents, except such matter therein as may be directly connected with the business of the Council; (L.N. 125 of 2021)
(d)

while a Member is speaking all other Members shall be silent and shall not make unseemly interruptions; and (L.N. 125 of 2021)
(e)

a Member may, subject to any such requirements or restrictions as may from time to time be recommended by the House Committee, display an object for illustrating a point in his speech only while he is speaking provided that any sign, graphics, message or any other information displayed on the object conforms to Rule 41 (Contents of Speeches). (L.N. 125 of 2021)

43. Application of Rules to Committees

The Rules in this Part, except the attire requirement laid down in Rule 42(a) (Behaviour of Members during Meeting) which shall only apply to the proceedings of the Council and a committee of the whole Council, shall apply to the proceedings in a committee unless the chairman of the committee orders otherwise. (L.N. 125 of 2021)

Introduction

Time and Manner of Speaking

Recommendations of House Committee as to Time of Speaking

Occasions when a Member may Speak more than once

Interruptions

Adjournment of Debate or of Proceedings of a Committee of the Whole Council

Contents of Speeches

Behaviour of Members during Meeting

Application of Rules to Committees