[Fugitive Offences Regulations] Investigation of the Privileged Privileges Law

Politics

Written by: Wu Yan'an

2019-12-27 22:15

In April of this year, the first two meetings of the Bills Committee to review the amendments to the Fugitive Offenders Regulations still did not elect a chairman. The establishment party then called for a special meeting of the internal conference. After the motion was passed, the Legislative Council Secretariat asked the Bills Committee to answer the motion in writing in the evening, triggering the Bills Committee ’s "twin" dispute. The Secretary-General of the Legislative Council, Chen Wei'an, became a target of public criticism.

Member of the Parliamentary Front Legislative Assembly Mao Mengjing proposed a motion in May this year to set up a special committee to investigate whether Chen Wei'an involved any misconduct of public officials, violated the principles of political neutrality and professional conduct of the Secretariat, and involved misconduct of any public officials. At the time, the Legislative Council Chairman Liang Junyan consulted legal opinions on whether to approve the bill.

Six months later, after consulting the legal opinions of senior barristers Yu Ruohai and Sun Jingqian, Liang Junyan pointed out that if the Legislative Council debates the motion, the Secretary-General and other Secretariat staff will not have a fair opportunity to respond to the members' debates. Their allegations, which would obviously constitute unfair procedures, refused to submit the bill to the General Assembly for discussion.

Liang Junyan responded to Mao Mengjing's letter six months ago and stated that for the sake of fairness and impartiality, he decided to consult external legal opinions before deciding whether Mao Mengjing's motion could be proposed. (Profile picture / Photo by Lu Yiming)

Liang Junyan pointed out that Mao Mengjing requested the establishment of a special committee to investigate serious allegations against the Secretary-General and the Secretariat, including whether any misconduct of public officials was involved. Liang Junyan believes that the bill is not suitable for debate in public places such as the Legislative Council, because Public review of the rights and obligations of the Secretary-General and other Secretariat staff. Liang Junyan believes that the powers of the Secretary-General for disciplinary actions and other Secretariat staff belong to the Administration Committee. Therefore, if there is no proper reason, it would be inappropriate for the Legislative Council to establish a special committee to invade the relevant functions and roles of the Administration Committee. Neither is desirable.

Leung Kwan-yan also pointed out that the introduction of motions against the Secretary-General and other Secretariat staff under the Chapter 382 debate in the Legislative Council may raise questions about procedural justice. Liang Junyan explained that there is no provision in the Rules of Procedure for the Secretary-General and other Secretariat staff to attend meetings of the Legislative Council. In this case, if the Legislative Council debates Mao Mengjing's motion, the Secretary-General and other Secretariat staff will not Have a fair opportunity to respond to allegations against them in the debate. Liang Junyan believes that if the necessary procedural safeguards are not provided for the Secretary-General and other Secretariat staff, the debate on Mao Mengjing's motion in the Legislative Council meeting will obviously constitute unfair procedures, so he rejects the relevant motion.

Chen Zhiquan's request for suspension of Chen Wei'an's post was also rejected by Liang Junyan

Chen Zhiquan, a member of the People's Power Legislative Council, moved earlier to request the Legislative Council to instruct the Legislative Council Administration Committee to immediately suspend Chen Wei'an's office and set up a disciplinary commission to investigate its malfeasance. Liang Junyan also rejected the motion after consulting the legal opinions of Yu Ruohai and Sun Jingqian. He pointed out that if the Legislative Council debates the motion, the Secretary-General and other Secretariat staff will not have a fair opportunity to respond to the legislators' comments on them. The allegations that it would obviously constitute a procedural injustice.

Liang Junyan pointed out that if the bill is approved, the effect will restrict the administrative committee's discretion to consider whether to dispose of employees based on the merits of each case, and require the administrative committee to act in violation of the principle of natural justice.

Chen Zhiquan moved earlier to request the Legislative Council to instruct the Legislative Council Administration Committee to immediately suspend Chen Wei'an's post. (Photo / Photo by Zhang Haowei)

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