In Margaret Ng's article 'Staying true to character' (South China Morning Post, October 3, 1997), she said: 'It is certainly not the business of a president of the Legislative Council to exclude an amendment on the grounds that, on his/her reading of the existing law, it is unlawful or unconstitutional. It is for the courts to declare unconstitutionality.' I am sure Miss Ng, as a lawyer as well as a member of the former legislative council, will agree that the prime responsibility of the president of the Provisional Legislative Council is to enforce the rules of procedure of the council to ensure that council proceedings are conducted in accordance with these rules.
In making rulings on points of order over the business of the council, the president should not be concerned with the subject matter of the business before her, and her opinion of the merits of the subject matter should not come into play at all.
However, in the course of examining a procedural question, and for the purpose of making a procedural ruling, it may be necessary for her as president to make a judgment on matters relating to a point of law.
Before making any such judgment, she invariably takes into account the opinion of the counsel to the legislature.
Examples of these include the determination as to whether a proposed committee stage amendment to a bill is within the scope of the bill and whether the Provisional Legislative Council would be acting within the scope of authority as determined by law.
The need for the president to consider law points relating to council business when making procedural rulings is not new.
