Topic > Legco's Privileges and Investigative Powers - 641

The Basic Law and Ordinance (Cap 382) ("PPO") of the Legislative Council (Powers and Privileges) provide the Legislative Council ("Legco") with certain privileges and investigative powers. The PPO authorizes the Legco to investigate matters of public interest by summoning related persons to give evidence in the Legco chamber. Such checks and balances are important in the concept of separation of power. While such powers appear to enshrine the rule of law in Hong Kong, this is a superficial approach as some previous investigations were deemed politically motivated and, more importantly, Hong Kong does not. they democratically elected Legco. In summary, the judiciary is better suited to handle such investigations. Legco's privileges and investigative powers: Articles 77 and 78 of the Basic Law provide that Legco members “shall be immune from legal action in relation to their statements at the Legco meeting” and “shall not be arrested while on their way to a Legco meeting". Furthermore, Article 73, paragraph 10, provides that the Legco may "summon, as required in the exercise of the powers and functions mentioned above, the persons interested in testifying or giving evidence". Articles 4, 5 and 10 of the PPO correspond to Articles 77, 78 and 73 paragraph 10 of the Basic Law. However, there are related provisions of the PPO that are not provided for in the Basic Law, including ordering the presence of witnesses by summons under section 10, examining witnesses under oath under section 11, requiring the presence by issuing a warrant under section 12 and fixing the punishment of offences. in section 17-20. There is doubt that the provisions of the PPO may be unconstitutional. The rule of law: There are two conceptions of the rule of law. The formative conception focuses on the predictable...... half of the document......lly that the PPO is exercised arbitrarily on the influence of the personal interests of the functional constituencies and the pro-government altitude of the DAB. Another argument against the investigation concerns the judiciary. fairness in that such an investigation may trigger a public trial if the sued entity is subject to being prosecuted later. It is arguable that Legco's investigative privilege and power are part of the judicial function. It is more thorough and efficient for the judiciary to handle the situation through judicial review. Conclusion: In conclusion, the current system of privileges and investigative power of the Legco is not compatible with the constitutional status of the law. Indeed, such an investigation is best handled by the judiciary. Since this investigation was exercised arbitrarily, it may not be worth it for Legco to retain such power as Hong Kong citizens expect substantive rule of law in Hong Kong and not the formative version.