'External Legal Advice Can't Trump Legco's Own'

Civic Party lawmaker Dennis Kwok has dismissed claims that DAB leader Starry Lee has the power to start directing House Committee business, questioning why legislators would follow external legal advice rather than trust the council's own lawyers.

On Monday, Legco president Andrew Leung announced that outside legal advice suggests Lee has both the authority and responsibility to take over House Committee proceedings, being as pan-dem filibustering has prevented the election of a chairperson since October.

Lee was chairwoman of the committee in the last legislative session and is seeking to take up the position again.

Kwok, who has been presiding over meetings in the meantime, says the in-house legal advice he has followed for the last six months or so is that Lee does not have the power to lead the committee meetings and the election should be held first.

"Legal advice is legal advice. It's based on an interpretation and understanding of the rules of procedures," he said.

"Are we saying that we have been acting on the wrong legal basis in the past six months?"

Kwok said he couldn't say what would happen on Friday if Lee does attempt to hold her own House Committee meeting.

"All I can say is that if I am to preside over the meeting, I will continue to chair it in accordance with the relevant rules of procedures in order to achieve a fair, orderly and impartial holding of the meeting," Kwok told reporters.

But pro-establishment legislators welcomed the new legal advice and backed the idea of Lee wresting control of the committee away from Kwok.

"The legal advice is very clear. This is a very unusual and very serious situation that after six months and 17 meetings the presiding officer abused his power and deliberately allowed the obstruction of meetings to elect a new chairman," said New People's Party leader Regina Ip.

"So I think it's incumbent on the existing chairman, Starry Lee, to convene a new meeting to get on with the legislative business of this council. And if chaos breaks out, the responsibility lies with members who foment chaos," she added.

There were chaotic and sometimes violent scenes in Legco early last year when the two camps clashed over who was the rightful chair of a committee set up to scrutinise the now-abandoned extradition bill.

Parallel meetings were held at one stage, with both the Democratic Party's James To and the pro-establishment camp's Abraham Shek claiming the right to preside over meetings.