Ending filibuster justified

Legislators from People Power (PP) and the League of Social Democrats (LSD) have delayed the Legislative Council (LegCo) vote on the 2013-14 Budget Plan for more than 50 hours with their ill-motivated filibuster, and LegCo President Jasper Tsang Yok-sing finally decided on Monday to end it on Tuesday and immediately begin voting on the 700-odd pointless amendments proposed by PP and LSD lawmakers to delay the budget plan.

The reality is that the filibuster had to be terminated no matter what. The LegCo president's decision to cut it short is simply an exercise of his power as vested in him by the Basic Law and the Rules of Procedure of LegCo. The decision is necessary to ensure normal operation of LegCo and prevent a "fiscal cliff" from materializing in Hong Kong. Also, given the fact that every time lawmakers launch a filibuster LegCo and the SAR government is faced with the danger of paralysis at the expense of taxpayers, LegCo should amend the Legislative Council Ordinance to effectively prevent LegCo members from abusing their power to play with filibuster without taking away their right to speak. That is the only way to ensure the normal operation of LegCo.

In Article 92 the Basic Law authorizes the LegCo president to use the power vested in his/her position to keep LegCo proceedings in an orderly and fair manner. The Court of Appeal has also confirmed in a recent ruling that the LegCo president has the power to terminate filibuster when necessary. Last year Tsang exercised that power for the first time when LegCo was prevented by an opposition filibuster from voting on an amendment to the LegCo Ordinance regarding the arrangement for filling vacancies resulting from the resignation of lawmakers. His decision to end the filibuster with a deadline back then was fully justified. Now it is just as unquestionable for him to reprise the move again.

It must be noted that the Democratic Party, Civic Party and many other opposition parties have voiced rejection of the filibuster this time but somehow found it necessary to slam Tsang for exercising his power to cut the filibuster short on Monday after he announced the 1 pm Tuesday deadline. Such an about-face exposed their dishonest character, which is why they said they did not support the filibuster but did everything they could to keep it going.

This is an excerpted translation of a Wen Wei Po editorial published on May 14.

(HK Edition 05/15/2013 page1)