### Hong Kong Bill of Rights Ordinance 《香港人權法案條例》

9. Armed forces and persons detained in penal establishments
Members of and persons serving with the armed forces of the government responsible for the foreign affairs of Hong Kong and persons lawfully detained in penal establishments of whatever character are subject to such restrictions as may from time to time be authorized by law for the preservation of service and custodial discipline.

10. Juveniles under detention
Where at any time there is a lack of suitable prison facilities or where the mixing of adults and juveniles is mutually beneficial, article 6(2)(b) and (3) does not require juveniles who are detained to be accommodated separately from adults.

11. Immigration legislation
As regards persons not having the right to enter and remain in Hong Kong, this Ordinance does not affect any immigration legislation governing entry into, stay in and departure from Hong Kong, or the application of any such legislation.

12. Persons not having the right of abode
Article 9 does not confer a right of review in respect of a decision to deport a person not having the right of abode in Hong Kong or a right to be represented for this purpose before the competent authority.

13. Executive and Legislative Councils
Article 21 does not require the establishment of an elected Executive or Legislative Council in Hong Kong.

14. Temporary savings
(1) For a period of 1 year beginning on the commencement date, this Ordinance is subject to the Ordinances listed in the Schedule.
(2) This Ordinance does not affect—
(a) any act done (including any act done in the exercise of a discretion); or
(b) any omission authorized or required, or occurring in the exercise of a discretion,
before the first anniversary of the commencement date, under or by any Ordinance listed in the Schedule.
(3) The Legislative Council may before the first anniversary of the commencement date by resolution amend this section for all or any of the following purposes—
(a) to provide that, for a period of 1 year beginning on the first anniversary of the commencement date, this Ordinance is subject to such of the Ordinances listed in the Schedule as are specified in the amendment;
(b) to provide that this Ordinance does not affect—
(i) any act done (including any act done in the exercise of a discretion); or
(ii) any omission authorized or required, or occurring in the exercise of a discretion,
before the second anniversary of the commencement date, under or by any Ordinance listed in the Schedule that is specified in the amendment; and
(c) to repeal this subsection.
(4) In this section, a reference to an Ordinance includes a reference to any subsidiary legislation made under that Ordinance.
(5) This section operates notwithstanding section 3.

### Legislative Council (Powers and Privileges) Ordinance 《立法會(權力及特權)條例》

1. Short title
This Ordinance may be cited as the Legislative Council (Powers and Privileges) Ordinance.

### Legislative Council (Powers and Privileges) Ordinance 《立法會(權力及特權)條例》

2. Interpretation
(1) In this Ordinance, except where the context otherwise requires—
Chamber (會議廳) means the Chamber in which the proceedings of the Council are conducted, and any galleries and places therein provided for members of the public and representatives of the press, television and radio, and includes any lobbies, offices or precincts used exclusively in connexion with the proceedings of the Council;
Clerk (秘書) means the Clerk to the Legislative Council or any person acting as his deputy; (Replaced 11 of 1994 s. 3)

committee (委員會) means—
(a) a standing or select committee or any other committee of the Council;
(b) a subcommittee of any committee referred to in paragraph (a); (Replaced 11 of 1994 s. 3)

Council means the Legislative Council;
journals (議事錄) means the minutes of the Council or the official record of the votes and proceedings thereof;
member (議員) means a member of the Council;
officer of the Council (立法會人員) means the Clerk or any other officer or person acting within the precincts of the Chamber under the orders of the President and includes any police officer on duty within the precincts of the Chamber; (Amended 71 of 2000 s. 3)
precincts of the Chamber (會議廳範圍) means the Chamber and offices of the Council and any adjacent galleries and places provided for the use or accommodation of members of the public and representatives of the press, television and radio, and subject to any exceptions made by the President under subsection (2) includes, during the whole of any day the Council or a committee is sitting, the entire building in which the Chamber is situated and any forecourt, yard, garden, enclosure or open space adjoining or appertaining to such building and used or provided for the purposes of the Council; (Amended 11 of 1994 s. 3)
President (主席) means the President of the Council, and includes any other member of the Council when presiding at a sitting of the Council;
Rules of Procedure (議事規則) means the Rules of Procedure of the Council for the time being in force. (Added 71 of 2000 s. 3)
(1A) For the purposes of the definition of committee in subsection (1) the reference to any other committee of the Council shall be construed as including a panel consisting only of members and paragraph (b) of that definition shall be construed and have effect accordingly. (Added 11 of 1994 s. 3)
(1B) In relation to a sitting of the Council or a committee conducted remotely pursuant to an authorization under section 27—
(a) the definitions of Chamber

### Legislative Council (Powers and Privileges) Ordinance 《立法會(權力及特權)條例》

3. Freedom of speech and debate
There shall be freedom of speech and debate in the Council or proceedings before a committee, and such freedom of speech and debate shall not be liable to be questioned in any court or place outside the Council.

4. Immunity from legal proceedings
No civil or criminal proceedings shall be instituted against any member for words spoken before, or written in a report to, the Council or a committee, or by reason of any matter brought by him therein by petition, Bill, resolution, motion or otherwise.

5. Freedom from arrest
No member shall be liable to arrest—
(a) for any civil debt (except a debt the contraction of which constitutes a criminal offence) whilst going to, attending at or returning from a sitting of the Council or a committee;
(b) for any criminal offence whilst attending at a sitting of the Council or a committee.

6. Service of civil process and exemptions
(1) No process issued by any court in Hong Kong or elsewhere in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Chamber while the Council is sitting, nor shall any such process be served or executed through the President or any officer of the Council unless it relates to a person employed within the precincts of the Chamber.
(2) Except by leave of the Council obtained in accordance with the Rules of Procedure, a member, the Chief Executive or any public officer designated by the Chief Executive for the purpose of attending sittings of the Council, while so designated, shall not be required to attend as a witness in any civil proceedings on a day when the Council is sitting. (Amended 11 of 1994 s. 4; 71 of 2000 s. 3)
(3) A member shall be exempted from service as a juror in accordance with section 5 of the Jury Ordinance (Cap. 3).

7. Evidence of proceedings in the Council or any committee not to be given without leave
(1) No member or officer of the Council, and no person employed to take minutes or keep any record of evidence before the Council or a committee, shall give evidence elsewhere in respect of the contents of such minutes or record of evidence, or of the contents of any document laid before the Council or committee, as the case may be, or in respect of any proceedings or examination held before the Council or committee, as the case may be, without the special leave of the Council.
(2) During a recess or adjournment of the Council, the special leave referred to in subsection (1) may be given by the President or, if the President is unable to act owing to his absence from Hong Kong or incapacity, in accordance with the Rules of Procedure. (Amended 71 of 2000 s. 3)