Outdated LegCo rules require overhaul

Opposition lawmakers dared not do anything radical in the Legislative Council on Wednesday despite desperately trying to block the non-binding motion tabled by Secretary for Transport and Housing Frank Chan Fan on the co-location of check-point facilities for the West Kowloon terminus of the Guangzhou-Shenzhen-Hong Kong Express Rail Link. Their relative restraint did not come from realization of past misbehavior in the legislative chamber; rather it arose from their fear they might be expelled from the chamber by LegCo President Andrew Leung Kwan-yuen, and rendered even more short-handed in Wednesday's filibuster efforts as six colleagues had been disqualified earlier.

That underlines the importance of maintaining discipline in the law-making body if we want the legislature to do its work as expected of it. To that end, suppressing radical behavior in the chamber is far from sufficient. There is a limit to what the chairperson can do if opposition legislators do play by the book and just exploit loopholes in the rules of procedure. That is why it is necessary to update the legislature's house rules, which were written a long time ago when filibuster tactics were not foreseen. Who would be able to predict half a century ago, for instance, that some lawmakers would abuse the quorum rule by asking for head counts many times in one session?

Most LegCo house rules are actually based on the pre-1997 Standing Orders, which were laid down at a time when the legislature was nothing but a rubber stamp of the colonial government, filled with high officials and appointed legislators who would certainly not oppose the government or the governor, who chaired the LegCo at that time - so much for separation of powers - not to say filibustering.

Amending the Rules of Procedure is not anything unusual or new. The first set of LegCo Rules of Procedure after Hong Kong's return to China has been amended according to the Basic Law under various circumstances. In fact it was done twice just last year.

That the opposition has vowed to thwart changes this time is because the amendment proposals, which are aimed at speeding up LegCo procedures and thereby increasing its efficiency, would at the same time deprive "pan-democrats" of their effective means to take the legislature's operation and the people's livelihoods hostage for their own political gain.

As for the Express Rail Link, one cannot even begin to describe its profound significance to Hong Kong's participation in the country's national strategic development and how the co-location arrangement could bring out the best of this massive infrastructure project for both sides. As a matter of fact, a more dedicated legislature is essential not only for this project but also for most of Hong Kong's key endeavors in future. It is hoped this is also what each and every one of the legislators think.

(HK Edition 10/26/2017 page9)