Internal meeting storms: What is rule 92 of the rules of procedure? "Wordless Book" has helped Zeng Yucheng cut the cloth

Political situation

Written by: Liu Jinhua

2020-05-15 23:17

Legislative Council Chairman Liang Junyan today (15th) consulted with the joint opinion of Queen's Counsel Peng Like and counsel Chen Haoqi, and decided to quote Rule 92 of the Rules of Procedure to specify that the Chairman of the Finance Committee Chen Jianbo will be within next Monday (18th) Meeting, presided over the election of the chairman and vice chairman of the meeting. Liang mentioned that as the chairman of the Legislative Council, he has a constitutional responsibility to ensure that the affairs of the Legislative Council are handled in an orderly, effective and fair manner. He also pointed out that the practice of Guo Rongkeng as the vice chairman of the internal council does not conform to his powers and functions. Use rule 92 of the Rules of Procedure to end the current deadlock immediately.

Looking back at history, the former Legislative Council Chairman Jasper Tsang once cited the rule 92 of the Rules of Procedure twice in 2012 to deal with the matter of the Democratic parliamentarians. This time Liang Junyan took the name of the Legislative Council President again after 7 years. This is the third time since the reunification.

Looking back at history, the former President of the Legislative Council, Jasper Tsang, had cited rule 92 of the Rules of Procedure twice in 2012 and 2013 to deal with the matter of the Democratic parliamentarians. (Profile picture)

Article 92 of the "Rules of Procedure" is a regulation concerning "procedures not covered by the rules of procedure". It stipulates that for matters not specified in the rules of procedure, the President of the Legislative Council may decide the methods and procedures to be followed by the Legislative Council. If the President of the Legislative Council thinks fit, he can refer to the practices and procedures of other legislatures.

Rule 92 of the Rules of Procedure was first cited to deal with the debate on the 2012 Draft Subsidiary Mechanism. At that time, the government proposed a "by-election mechanism draft" on the grounds of wasting public money and the public's disapproval of the "five district referendum" by-election, and set conditions to restrict the resignation of members to re-election. At that time, the People's Power MPs Huang Yumin and Chen Weiye proposed more than 1,300 amendments in an attempt to delay the voting time by means of Rab. At that time, the chairman of the Legislative Council, Zeng Yucheng, cited rule 92 of the "Rules of Procedure" to declare "cutting cloth", ending all discussions of the members, and ending the 100-hour "rab". A way out. Later, Legislative Council Member Leung Kwok-hung also conducted a judicial review on Jasper Jasper's "cutting cloth", but ultimately lost the case. The Court of Final Appeal stated that the President of the Legislative Council had the power to set limits and suspend the debate.

In the following year, some members proposed 710 amendments to "rab" because they were dissatisfied with the Budget ’s failure to implement universal retirement protection. The then chairman, Jasper Tsang, quoted Rule 92 of the Rules of Procedure for the second time in the budget debate and completed The remaining procedures of the Bill set a timetable and "cut the cloth" to end the pan-democratic battle that lasted for one month.

The introduction of this Ordinance by Liang Junyan is based on the provisions of Article 72 of the Basic Law stating that the President of the Legislative Council has constitutional responsibilities to ensure that the Legislative Council can perform its legislative functions and that the affairs of the Legislative Council can be handled in an orderly, effective and fair manner. At the same time, the President of the Legislative Council is also responsible for interpreting, applying and adjudicating other rules of procedure not covered by the Rules of Procedure, including matters of internal meetings, in order to resolve the current situation of suspension.

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