Privileges and Inquiry Powers of Legco Essay

Privileges and Inquiry Powers of Legco Essay

Length: 641 words (1.8 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

The Basic Law and the Legislative Council (Powers and Privileges) Ordinance (Cap 382) (‘PPO’) provide the Legislative Council (‘Legco’) some privileges and inquiry powers. PPO authorises Legco to investigate issues of public concern by summoning related persons to provide evidence in the chamber of Legco. Such check and balance is important under the concept of separation of power.

Although such powers seems to enshrine the rule of the law in Hong Kong, it is superficial as some previous inquiries were deemed to be politically motivated and more importantly, Hong Kong does not have democratically elected Legco. In summary, the judiciary is more suited to handle such inquiry.

The Privileges and Inquiry Powers of Legco:

Article 77 and 78 of the Basic Law provides members of Legco “shall be immune from legal action in respect of their statement at meeting of the Legco” and “shall not be subject to arrest on their way to a meeting of the Legco” respectively. In addition, article 73(10) stipulates that Legco can “summon, as required when exercising the above-mentioned powers and functions, persons concerned to testify or give evidence”.

Section 4, 5 and 10 of the PPO correspond to article 77, 78 and 73(10) of the Basic Law. However there are related provisions under the PPO that are not provide for in the Basic Law, which include ordering attendance of witness by summon under section 10, examining witness on oath under section 11, compelling attendance by issuing warrant under section 12 and setting offences punishment under section 17-20. There is a doubt that those PPO’s provisions could be unconstitutional.

The Rule of Law:

There are two conceptions of the rule of law. The formative conception focuses on the predictab...

... middle of paper ...

...lly that PPO is exercised arbitrarily on the influence of functional constituencies’ self interest and DAB’s pro-government altitude.
Another argument against inquiry concerns judicial fairness as such inquiry may trigger public trail if the summon entity is subject to be trail later on.

It is arguable that the privilege and inquiry power of the Legco are part of the judiciary function. It is more thorough and efficient for the judiciary to handle through judicial review.


In conclusion, the current system of privilege and inquiry power of the Legco is not compatible with the formative rule of the law. Indeed such inquiry is better handled by the judiciary. As such inquiry has been exercised arbitrarily, it may not be worth for Legco to maintain such power as Hong Kong citizen is expecting substantive rule of law in Hong Kong not the formative version.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Inquiry Model Essays

- When giving our presentation on the Inquiry Model to the class, our objectives were to define what the inquiry model is, inform the class about the importance of inquiry, identify the outcomes of inquiry, explain how it differs from other approaches, and explain the benefits. We felt like going over these aspects would give the class a clearer and better understanding of the topic. Our opening statement was giving the class a clear-cut definition of what the Inquiry Model means. It contains many different things in the definition....   [tags: Inquiry-based Learning]

Free Essays
1141 words (3.3 pages)

Evaluating the Argument that Powers and Privileges of Parliament Increased Steadily at the Expense of Royal Power

- Evaluating the Argument that Powers and Privileges of Parliament Increased Steadily at the Expense of Royal Power During the period 1529 - 1640 the parliament in Britain altered dramatically. The sources provide a valuable insight into the argument that the powers and privileges of parliament increased steadily at the expense of royal power. To assess the role of parliament there needs to be evidence from the sources to suggest that parliaments powers and privileges were increasing between 1529-1640....   [tags: Papers]

Better Essays
819 words (2.3 pages)

Essay about Should Psychologists Have Prescription Privileges?

- Should Psychologists Have Prescription Privileges. The debate over the right of clinical psychologists to prescribe psychoactive medications is certainly not new to the scene. In fact, the debate spans over the past two decades with strong arguments on each end of the spectrum. While opponents to the issue question, among many other things, the qualifications of psychologists, advocates on the issue stress the important public needs that are not currently being met in our mental healthcare system (Lavoie & Barone, 2006)....   [tags: mental health, comprehensive services]

Better Essays
1012 words (2.9 pages)

Conflicts Among the European Great Powers 1815-1914 Essay

- Question: To what extent was the decline of the Ottoman Empire responsible for conflicts among the European great powers between 1815 and 1914. After the defeat of the famous French leader Napoleon at the Battle of Waterloo in June 1815, the European great powers had to shift their focus on the Ottoman Empire with their goal of maintaining the status quo in Europe. All the great powers were aware of Tsar Alexander I of Russia’s expansionist visions and because of the role the Russian’s played in defeating Napoleon he felt he deserved to expand ....   [tags: Conflicts Among the European Powers]

Better Essays
1919 words (5.5 pages)

Science Inquiry Skills and Education Essay example

- The stages of scientific enquiry have been developed and refined over time, to add consistency of approach and structure to systematic investigation. These processes; stimulus, curiosity, enquiry, initial investigation/observation, initial perception, initial hypothesis, experimentation, observation and recording, drawing conclusions, evaluation of initial hypothesis, formation of new hypothesis and re-experimentation, are perceived as a sequential flow of enquiry. However, in reality they are less well defined, due to sub-sequences and adaptations necessary to accommodate changing requirements....   [tags: science inquiry skills, education]

Better Essays
1494 words (4.3 pages)

Storytelling in Richard Powers' "The Gold Bug Variations" Essay

- The act of storytelling goes hand-in-hand with human existence. The evolution of man from that of a single celled organism into the complex structure that we now know today in and of itself is a story. A story that is written in the genetic code of our Deoxyribonucleic Acid or DNA. That DNA is broken down into the amino acid building blocks A, C, T, and G. Four amino acids written like four notes in a bass cleft staff, "what could be simpler?" With that evolution of man, evolved the art of storytelling; from simple stories of the hunt told around the fire to the written works of authors that we now read in books today....   [tags: Richard Powers, Gold Bug Variations, storytelling,]

Better Essays
1006 words (2.9 pages)

The President of the United States of America - Powers and Priveleges Essay

- Despite the intentions of the framers of the Constitution and the subsequent roles laid out for the president therein, the President of the United States of America has assumed roles and powers that somewhat challenge these intentions. Since the forming of the Union there has been a continuing struggle over the powers of the president and whether he should take a reserved legalist position or a more activist role. The legalist and activist positions are embodied perhaps no more deservedly in Presidents Taft and T....   [tags: Politics]

Better Essays
1497 words (4.3 pages)

Athletic Privileges in College Programs Essay

- Current student athletes at colleges get treated like they are part of the royal family. A majority, if not all, of their schooling is paid for, they have their own academic centers to work in that are provided with tutors if needed, better housing units, and the list can go on and on. Many would say that this is acceptable, that they worked hard to play for a college team; however, several are against it. Athletes should be given more privileges than the average college student, but not as many are received....   [tags: student athletes, college athletics, sports]

Better Essays
1031 words (2.9 pages)

Tribunals of Inquiry in Northern Ireland Essay

- Introduction Many countries have faced situations in which their citizens demand accountability for injustices or atrocities committed by their own domestic governments, which are in violation of their human rights. The manner in which varying nations have provided for and acknowledged these facts, on their various public platforms, have been both controversial and diverse. These problems tend not to fade into obscurity if left unaddressed. History has dictated that struggle for truth has been adopted by subsequent generations, who demand responsibility from their own government in power as, in many cases, the events will have occurred at the hands of a preceding government....   [tags: essays research papers]

Free Essays
3033 words (8.7 pages)

Science Inquiry Essay

- Inquiry 2: Force with varied mass Introduction: In this inquiry the relationship between force and mass was studied. This inquiry presents a question: when mass is increased is the force required to move it at a constant velocity increased, and how large will the increase be. It is obvious that more massive objects takes more force to move but the increase will be either linear or exponential. To hypothesize this point drawing from empirical data is necessary. When pulling an object on the ground it is discovered that to drag a four-kilogram object is not four times harder than dragging a two-kilogram object....   [tags: essays research papers]

Better Essays
538 words (1.5 pages)