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DECLARATION OF INTERESTS
BY MEMBERS OF THE LEGISLATIVE COUNCIL
KEY POINTS
Members of the Legislative Council (the Council) are
required under the Rules of Procedure of the Council to declare the
particulars of their pecuniary interests and to report any change in
the interests already declared and registered.
The particulars of pecuniary interests declared by
Members are entered in a Register of Members' Interests which
is available for inspection by the public.
The main purpose of the Register of Members' Interests
is to provide information of any pecuniary interest or other material
benefit which a Member receives which might reasonably be thought by
others to influence his actions as a Member of the Council. It is left
to individual Members to give the required information. Each Member
is responsible for what is recorded about himself in the Register, as
each is answerable to his fellow Members and the public.
The scope of the Register of Members' Interests seeks
to balance, on the one hand, what should be publicly known about Members
of the Council with, on the other, the proper degree of privacy to which
they and their families are entitled.
There is a standing committee called the Committee
on Members' Interests which examines the arrangements for the compilation,
maintenance and accessibility of the Register of Members' Interests.
It also considers matters pertaining to the declaration of interests
by Members.
Registration of Interests
Members are required to declare particulars of registrable
interests in a prescribed form not later than the first meeting of each
term and to report any change in such registrable interests within 14
days of the change. In the case of a new Member, he is required to declare
his registrable interests within 14 days from the date of his becoming
a new Member to fill a vacant seat.
The particulars of registrable interests declared by
Members are entered in a Register of Members' Interests which is maintained
by the Council Secretariat and is available for inspection by the public.
Registrable Interests
There are eight classes of registrable interests. These
include:
(a) remunerated
directorships of companies, public or private;
(b) remunerated employments, offices,
trades, professions or vocations;
(c) the names of clients when the interests
referred to above include personal services by Members which
arise out of or are related in any manner to his membership
of the Council;
(d) (i) all donations, as a candidate
in the Legislative Council election in which the Member was
elected as a Member of the Council, received by the Member or
any person on his behalf for the purpose of meeting the Member's
election expenses in the election; or
(ii) financial sponsorships, as a Member of the Council,
by any person or organization, stating whether any such sponsorships
include any payment or any material benefit or advantage to
the Member or his spouse, whether direct or indirect;
(e) overseas
visits made by the Member or his spouse relating to or arising
out of membership of the Council where the cost of any such
visit has not been wholly borne by the Member or public funds;
(f) any payments or any material benefits
or advantages received by the Member or his spouse arising out
of his membership of the Council from or on behalf of -
(i) any government or organization of
a place outside Hong Kong; or
(ii) any person who is not a Hong Kong
permanent resident;
(g) land
and property;
(h) the names of companies or other
bodies in which the Member has, to his knowledge, either himself
or with or on behalf of his spouse or infant children, a beneficial
interest in shareholdings of a nominal value greater than one-hundredth
of the issued share capital.
Sanctions
There are provisions for the imposition of sanctions
for non-compliance with the Rules of Procedure of the Council relating
to declaration of interests. Types of sanction include admonition, reprimand
and suspension.
Last
Updated: October, 2003 |
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