New conduct rules for Hong Kong legislators need further clarity
new code of conduct and operation for members, and rightly so.
Under the new rules, which are expected to be passed and enforced in the new Legco term beginning early next year, members will be required to submit an annual work report for public review within two months after the end of each year. The council will also have a wider scope to investigate alleged misconduct of members based on evidence and complaints from named parties through an upgraded supervisory committee, with sanctions such as warnings, pay cuts and suspension of duties.
The proposals are generally a step in the right direction, while some details may require further clarification. For instance, it remains unclear what constitutes minor, serious and gross misconduct under the framework. Legco president Andrew Leung Kwan-yuen said it would be based on investigation and evidence, adding that there would be no impact on those who sincerely work for the city and residents. While exhausting all the dos and don'ts for lawmakers may seem unrealistic, it would be helpful if there were clearer benchmarks when ascertaining the severity of misconduct and the relevant punishments.
There are also concerns that some members may shy away from criticising the government, as the code states that they should 'sincerely support' the chief executive and the government; not 'intentionally vilify the governance credibility' of the chief executive and the government, nor 'deliberately undermine or weaken the effectiveness of executive-led governance'.
There are already concerns that
an all-patriots legislature may not be able to maintain effective checks and balances while working with the executive branch under the Basic Law. That probably explains why many lawmakers are not known for being outspoken or critical towards the administration. Whether the code will stifle opposing views shall be closely watched.
That it has taken so long for Legco to take action to enhance its performance says something about the lawmakers. The district councils and civil service have already implemented reforms in light of the new constitutional order. As part of the governing establishment, lawmakers should uphold the highest standards and work towards the common interests of the country and Hong Kong.
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