The President in Council, the Chairman in a committee of the whole Council or the chairman of any committee shall be responsible for the observance of the rules of order in the Council and committee respectively. His decision on a point of order shall be final.
(L.N. 87 of 2011; L.N. 125 of 2021)
Where the President in Council or the Chairman in a committee of the whole Council is of the opinion that the raising of a point of order is an abuse of procedure, he may decide when and how he would deal with the point of order so raised. (L.N. 125 of 2021)
The power conferred on the President in Council or the Chairman in a committee of the whole Council by subrule (2) may be exercised by the chairman or deputy chairman of any other committee, but not by any other member presiding at that committee, in dealing with a point of order. (L.N. 125 of 2021)
45. Order in Council and Committee
The President, the Chairman of a committee of the whole Council or the chairman of any committee, after having called the attention of the Council or the committee to the conduct of a Member who persists in irrelevance or tedious repetition of his own or other Members' arguments in the debate, may direct him to discontinue his speech.
(L.N. 187 of 2017)
The President, the Chairman of a committee of the whole Council or the chairman of any committee shall order a Member whose conduct is grossly disorderly to withdraw immediately from the Council or the committee for the remainder of that meeting; and the Clerk or clerk of any committee shall act on orders received by him from the Chair to ensure compliance with this order. (L.N. 87 of 2011)
45A. Naming and Suspending
If, by reason of the grossly disorderly conduct of a Member, the President is of the opinion that his powers under Rule 45(2) (Order in Council and Committee) are inadequate with respect to such grossly disorderly conduct, the President may, at any time he considers appropriate, name such Member.
Where it comes to the knowledge of the President that a Member's grossly disorderly conduct has been committed in a committee of the whole Council, the Finance Committee or the House Committee, the President may, at any time he considers appropriate, name such Member if the President is of the opinion that the powers of the Chairman of the committee of the whole Council, the chairman of the Finance Committee or the chairman of the House Committee under Rule 45(2) (Order in Council and Committee) are inadequate with respect to such grossly disorderly conduct.
Where a Member is named by the President under subrule (1) or (2), the President shall, on a motion being moved forthwith by the President's deputy, put the question "That (name of such Member) be suspended from the service of the Council".
A motion moved under subrule (3) shall be voted on forthwith without amendment or debate.
If a Member is suspended by a motion moved and passed under subrule (3), the duration of the suspension (including the day of suspension) –
on the first occasion is one week;
on the second occasion during the same term of the Council is two weeks; and
on any subsequent occasion during the same term of the Council is twice that of the previous occasion, provided that such duration shall not extend beyond the end date of the term concerned.
Any Member who is suspended from the service of the Council under this Rule shall immediately leave the Chamber. The suspended Member shall, for the duration of his suspension, be excluded from participation in the exercise of the Council's powers and functions under Article 73 of the Basic Law.
If the suspended Member refuses to comply with subrule (6), the President shall order the Clerk to take such action as may be necessary to ensure compliance.
The suspended Member shall not be entitled to receive any remuneration or allowance (including end-of-service gratuity) in respect of the period of suspension, but the suspended Member shall be entitled to be reimbursed the operating expenses incurred by him in respect of that period.