ADVISORY GUIDELINES ON MATTERS OF ETHICS IN RELATION TO THE CONDUCT OF MEMBERS OF LEGISLATIVE COUNCIL IN THEIR CAPACITY AS SUCH

(Issued by the Committee on Members' Interests under Legislative Council Standing Order No. 60B(1)(d))

I. General Standards

1. A Member should ensure that his conduct must not be such as to bring discredit upon the Legislative Council (Council). (see Footnote)

2. A Member should adhere to the spirit and the letter of any rules or regulations made by the Council, its committees or the President for the regulation of the practice and procedure of the Council and its committees or Members' behaviour in their conduct of the business of the Council.

II. Specific Standards

3. In accordance with Standing Order No. 65-

  1. In any debate or proceedings of the Council or any committee at which a Member is present he shall declare any direct pecuniary interests which he has in the matter.

  2. A Member shall not vote upon any question, whether in the Council or in any committee, in which he has a direct pecuniary interest.

  3. A Member shall not move any motion or amendment relating to a matter in which he has a pecuniary interest, whether direct or indirect, or speak on any such matter, whether in the Council or in any committee, without disclosing the nature of that interest.

4. In accordance with Standing Order No. 64A and guidance notes issued by the Committee on Members' Interests, a Member shall register particulars of registrable interests listed below:-

  1. remunerated directorships of companies, public or private;

  2. remunerated employments, offices, trades, professions or vocations;

  3. the names of clients when the interests referred to in (a) and (b) above include personal services by the Member which arise out of or are related in any manner to his membership of the Council;

  4. financial sponsorships-

    1. as a candidate for election to the Council, where to the knowledge of the Member the sponsorship exceeds $10,000 or 25% of his election expenses; or

    2. as a Member of the Council, by any person or organization, stating whether any such sponsorships include any payment or any material benefit or advantage to the Member or his spouse, whether direct or indirect, where the total value from a single source in the course of one year exceeds 5% of the annual salary of a Member of the Council or where the value of any one-off sponsorship exceeds $10,000;

  5. overseas visits made by the Member or his spouse relating to or arising out of membership of the Council where the cost of any such visit has not been wholly borne by the Member or public funds;

  6. any payments or any material benefits or advantages received by the Member or his spouse, which arise out of or are related in any manner to his membership of the Council, from or on behalf of foreign governments, organizations or persons;

  7. land and property;

  8. the names of companies or other bodies in which the Member has, to his knowledge, either himself or with or on behalf of his spouse or infant children, a beneficial interest in shareholdings of a nominal value greater than one-hundredth of the issued share capital.

5. A Member should not, in his capacity as such, seek to influence another person to further the Member's private interest.

6. (a) A Member should not knowingly take advantage of, or benefit from, information that is obtained in his capacity as a Member of the Council and which is not generally available to the public.

(b) A Member should ask for information only about matters of public interest and should not seek information for private or personal interest.

7. A Member should not use any part of his Operating Expenses Reimbursement or District Office Allowance for purposes other than in connection with the business of the Council.

(Footnote: A Member should conduct himself in such a way as not to place himself in a position which may be contrary to the generally assumed standard of conduct expected of a Member of the Council. For example, the appearance of a Member in an advertisement to promote a commercial product or service may be regarded as not in keeping with the position or prestige of a Member of the Council. Members are therefore advised to exercise caution when deciding to engage in advertisement activities of a commercial nature as such engagement may run the risk of bringing discredit upon the Council.)

Legislative Council Secretariat

May 1996

Last Updated on 19 Jun, 1997