Panel on Security

Subcommittee on Review of Existing Statutory Provisions
on Search and Seizure of Journalistic Material

Meeting on Tuesday, 25 October 2005 at 2:30 pm
in Conference Room A of the Legislative Council Building

A G E N D A

I.Election of Chairman (if necessary)
(2:30 pm - 2:35 pm)

II.Meeting with the Hong Kong Bar Association and the Administration
(2:35 pm - 4:25 pm)

LC Paper No. CB(2)2567/04-05(01)
(English version issued on 12.9.2005, Chinese version issued vide LC Paper No CB(2)2642/04-05 on 29.9.2005)

-Administration's response to the Hong Kong Bar Association's submission

LC Paper No. CB(2)1455/04-05(02)
(English version issued on 4.5.2005, Chinese version issued vide LC Paper No. CB(2)2303/04-05 on 18.7.2005)

-Submission from the Hong Kong Bar Association

LC Paper No. CB(2)2567/04-05(02)
(English version issued on 12.9.2005, Chinese version issued vide LC Paper No.CB(2)2642/04-05 on 29.9.2005)

-Administration's response to issues raised by members at the Subcommittee meeting on 10 May 2005

LC Paper No. LS4/05-06
(issued on 18.10.2005)

-Paper entitled "The various degrees of the word 'prejudice' in existing legislation" prepared by the Legal Service Division

LC Paper No. CB(2)2668/04-05
(issued on 3.10.2005)

-Information regarding whether the Bills Committee to study the Interpretation and General Clauses (Amendment) Bill 1995 was aware that the decision of a judge of the Court of First Instance on the issuance of a search warrant would not be subject to judicial review

LC Paper No. CB(2)1010/04-05(03)
(issued on 7.3.2005)

-Part XII of the Interpretation and General Clauses Ordinance (Cap. 1)

LC Paper No. CB(2)689/04-05(03)
(reissued vide LC Paper No. CB(2)1010/04-05 on 7.3.2005)

-Issues proposed by Hon James TO in the review of existing statutory provisions on search and seizure of journalistic material

(A list of relevant papers previously issued is in the Appendix.)

III.Date of next meeting
(4:25 pm - 4:30 pm)

Council Business Division 2
Legislative Council Secretariat
20 October 2005

Appendix

Background papers previously issued

Background information relating to the Interpretation and General Clauses (Amendment) Bill 1995
(re-issued vide LC Paper No. CB(2)1084/04-05 on 16 March 2005)

(a)Legislative Council Brief dated 21 June 1995 issued by the Security Branch (Ref : SBCR 7/2801/77);

(b)Minutes of meetings of the Bills Committee to study the Interpretation and General Clauses (Amendment) Bill 1995 held on 3, 6 and 12 July 1995 (LegCo Paper Nos. HB 1126/94-95, 1225/94-95 and 1262/94-95) (English version only);

(c)Report of the Bills Committee to study the Interpretation and General Clauses (Amendment) Bill 1995 (LegCo Paper No. HB 1184/94-95); and

(d) Extract from the official record of proceedings of the Council Sitting of 26 July 1995 - resumption of the Second Reading debate on the Interpretation and General Clauses (Amendment) Bill 1995 (LC Paper No. CB(2)1084/04-05(01)).

Papers for the meetings of the Panel on Security on 2 and 29 November 2004 (re-issued vide LC Paper No. CB(2)1051/04-05 on 10 March 2005)

(a)Paper entitled "Obtaining and execution of search warrants for journalistic material" provided by the Independent Commission Against Corruption (LC Paper No. CB(2)111/04-05(03));

(b)Paper entitled "The Interpretation and General Clauses (Amendment) Bill 1995 - protection of journalistic material" provided by the Security Bureau (LC Paper No. CB(2)111/04-05(04));

(c)Paper entitled "Comparative study on the power of search and seizure of journalistic material" provided by the Department of Justice (LC Paper No. CB(2)111/04-05(05));

(d)Paper entitled "Recent judgments on the powers of the Independent Commission Against Corruption to search for and seize journalistic material" prepared by the legal adviser to the Panel (LC Paper No. LS14/04-05);

(e)Information provided by the Department of Justice on legislation/draft legislation in the United States, Belgium and Luxemburg relating to the protection of journalistic material (LC Paper No. CB(2)270/04-05(01));

(f)Submission from the Hong Kong Journalistic Association (LC Paper No. CB(2)111/04-05(06)); and

(g)The Administration's response to the submission of the Hong Kong Journalists Association (LC Paper No. CB(2)270/04-05(02)).

Papers provided by the Administration

LC Paper No. CB(2)1455/04-05(01)
(issued on 4.5.2005)

-Administration's response to issues raised at the Subcommittee meeting on 8 March 2005

LC Paper No. CB(2)992/04-05(01)
(issued on 2.3.2005)

-Administration's initial response to the list of issues proposed by Hon James TO

LC Paper No. CB(2)1538/04-05(01)
(issued on 11.5.2005) (English version only)

-Judgment on the case of R v Leeds Crown Court Ex parte Switalski

Submission received

LC Paper No. CB(2)1300/04-05(01)
(issued on 18.4.2005)

-Submission from the Law Society of Hong Kong

Council Business Division 2
Legislative Council Secretariat
20 October 2005