Legislation and BL freedom of speech and debate and immune from legal actions

Legislation and bl freedom of speech and debate and

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Legislation and BL freedom of speech and debate, and immune from legal actions from statements in LegCo may not be arrested for any civil debt whilst returning from meetings, nor criminal offense when on their way / attending excludes jurisdiction of courts over lawful exercise of power under Ordinance or Rules of Procedure vests in every internal officer the power and privileges of a police officer enforcing criminal law inside Chamber’s precincts; normal officers cannot enter without consent Responsible for own Rules of Procedure “provided that they do not contravene with this law” Exclusive cognizance Separate law and customs within LegCo Subject to JR whether consistent with BL internal rules of the Council to regulate its proceedings, the principles and framework for the conduct of the business Case laws Answerable to no outside authority; LegCo as sovereign body under BL, no court intervention in internal workings Exclusive control over its own precinct, have own LegCo (P&P) Ordinance BL 77, s3-4 BL 78, s5 s23 s24 BL 75 Kwok Cheuk Kin v Pred of the LegCo Leung Kwok Hung v Pred of LegCo (2007)
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security officer, police need consent to enter Courts exercise jurisdiction to determine the existence of a power, privilege or immunity of LegCo, not occasion or manner of exercise ; LegCo determines own procedures and how applied, or else decided by pred, free from intervention by the courts on internal process and from the possible disruption, delays and uncertainties which could result from such intervention. Relationship between court and Legco based on separation of power Modification of UK’s non-intervention principle Leung Kwok Hung (2014) CFA case [Rule 92 of RoP] Bradlaugh v Gossett Purpose: Protects MLCs from executive and judicial interference, albeit incompletely → discharge duties autonomously Dignity of council as law-making body, immunize from legal liability → protect freedom of speech-> speak the truth to the power * Conflict between the Legislature and Judiciary When does court intervene? Principle of non-intervention based on separation of powers (HK) / parliamentary supremacy (UK) Discretionary of President on its powers regarded as internal workings BL 75: Courts can look into challenge on constitutionality of Rules of Procedure in regards to violation of BL BL Supremacy: Courts have to guard BL Principle of non-intervention comes below Oath-taking Taking place in LegCo → Internal matter? Court said: BL 104, constitutionality matter, so non-intervention not applied 104: MLCs need swear to uphold BL ^But NPCSC interpretation? jumping the queue due to political motive If irregular of procedure (eg. Filibustering), cannot challenge in court.
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