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LCQ5: Rules governing the decision to publish a white or blue bill

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Following is the question by the Hon Ho Chun-yan and a reply by the Secretary for Security, Mrs Regina Ip, in the Legislative Council today (October 23):

Question:

Since 1996, the Government has published five White Bills on various legislative proposals, to enable the public to express their views on the provisions of the various bills. In this connection, will the Government inform this Council of:

(a) the criteria adopted in deciding whether or not to publish a White Bill for public consultation;

(b) the reasons for deciding not to publish a White Bill on the legislation for implementing Article 23 of the Basic Law; and

(c) the reasons for planning to conclude the legislative process for the implementation of Article 23 of the Basic Law by July next year?

Reply:

Madam President,

(a) There are no hard and fast rules governing the decision to publish a white or blue bill. Decisions are made by individual bureau, in consultation with the Department of Justice. Generally speaking, a bureau would publish a white bill for public consultation if the bill in question is technically complex, or where the bureau is not yet ready to formulate its legislative proposals without canvassing views on a draft bill.

(b) The Administration decided not to publish a white bill because of its view that a consultation paper could serve the purpose of seeking views on the proposals in principle to implement Article 23 of the Basic Law. In the light of the views expressed on the proposals, for example concerns about the ways press freedom or academic freedom might be affected, the Administration would revise its proposals before finalizing its drafting instructions and producing a bill.

(c) In view of the importance of protecting national security, it is the Administration's plan to introduce a bill into the Legislative Council early next year, tentatively in February. The Administration hope that the bill could be enacted by the summer recess, but the time required for completing scrutiny of the bill is ultimately a matter for the legislature.

End/Wednesday, October 23, 2002

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