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SCMP Reporter

LEGISLATORS have decided against setting up an independent committee or empowering courts to investigate complaints of misconduct against them.

The Legislative Council Committee on Members' Interest yesterday concluded that it should take up the job of looking into misconduct allegations.

Committee chairman Miriam Lau Kin-yee said that going to court was an inflexible arrangement as it would be expensive and take time.

And Ms Lau said it also meant putting the code of conduct in the statute books.

Chief Assistant Secretary of the Legco Secretariat, Law Wing-lok, also pointed out that most jurisdictions had no formal mechanism to deal with such complaints.

Instead, they often left it to parliament to decide.

Committee member Eric Li Ka-cheung suggested adopting the practices of professional bodies such as the Hong Kong Society of Accountants.

When receiving complaints of misconduct against its members, the society's council appoints an independent commission comprising both accountants and laymen to investigate.

His colleague, Emily Lau Wai-hing, however, proposed they did it themselves. Setting up an independent body raised the questions of who had the authority to appoint, who they should appoint and whether this would increase the workload of the secretariat.

Since all Legco meetings were open to the public, it would be acceptable to let the committee take up the investigation job as well.

Ronald Arculli said outsiders would probably be unfamiliar with the operations of Legco. And Dr Leong Che-hung said it was difficult to set up a truly independent body.

But Mr Arculli said, if the committee was to handle complaints against members, it had to remain non-partisan.

Ms Lau suggested the committee, together with the Public Accounts Committee and the Legco Commission, should have representation from various political groups. No party should command a simple majority.

The committee also agreed to adopt the practice of the United States Senate's Select Committee on Ethics that they would only carry out an investigation into a complaint if an initial review found substantial credible evidence.

Any investigation of conduct of a member had to be approved by at least four members of the committee.

Mr Li said the launch of any investigation, regardless of the final outcome, would exert tremendous pressure on the member.

Regarding sanctions, the committee decided that it would include admonition, reprimand and suspension.

They believed they had no power to expel any legislators from the legislature as they were elected.

The committee's proposals are to be put to the House Committee for endorsement.



Legco decides to police itself