Paul Tse Wai-chun, chairman of the Legislative Council Committee on Rules on Procedure, is considering ways to resolve the gridlock the House Committee is facing after failing to elect its leaders in 12 meetings since October.
Without committee leaders, the committee cannot execute its duties, including considering bills, setting up bills committees, and referring the bills to the plenary meeting of LegCo for resumption of the second-reading debate and the third reading.
I will discuss with the LegCo president to find the way out and prevent further abuse of power. As to handling the maternity leave bill, it can go to the plenary meeting direct for the remaining procedures or handled by the Panel on Manpower in the absence of a bills committee
Paul Tse Wai-chun, chairman of the Legislative Council Committee on Rules on Procedure
Tse expressed hope that the House Committee will elect its chairman and vice-chairman soon and resume normal operations.
A number of government bills are delayed, including the maternity leave amendment bill, which aims to increase expectant working mothers’ maternity leave from 10 to 14 weeks.
Dennis Kwok Wing-hang, from the Civic Party, which is the core of the opposition camp, has presided at 10 of the House Committee meetings. At these meetings, he has allowed opposition lawmakers to speak without restriction on unrelated issues with the intention of obstructing the election. Recently, he set the agendas to include irrelevant motions to be moved before the committee election.
Kwok’s behavior has sparked controversy. While the LegCo Secretariat questions some of the motions, House Committee ex-chairman Miriam Lau Kin-yee contends that Kwok, who is not committee chairman, has no power to instruct the secretariat or set the agenda, as his only duty is to run the election.
Tse told China Daily: “Kwok failed to elect the chairman after 12 meetings. He also appears to have acted ultra vires (without authority) and abused authority because his only duty is to elect the chairman but nothing else.
“I will discuss with the LegCo president to find the way out and prevent further abuse of power. As to handling the maternity leave bill, it can go to the plenary meeting direct for the remaining procedures or handled by the Panel on Manpower in the absence of a bills committee,” he said.
“I agree with LegCo’s former secretary-general, Pauline Ng Man-wah, that Starry Lee Wai-king, House Committee chairwoman of 2018-19, should remain chairwoman until the new chairman is elected. However, LegCo’s incumbent secretary-general and legal adviser do not fully agree.
“As for Kwok, I will consider moving a motion of no-confidence in him. Yet the no-confidence motion is only a moral condemnation without legal effect,” he said.
Lee cannot chair the meeting as she is seeking re-election as House Committee chairman for 2019-20. Kwok, the vice-chairman, is not seeking re-election.