Starry Lee Wai-king, incumbent chairperson of the Legislative Council's House Committee, meets the press at at the Legislative Council on May 4, 2020. (PARKER ZHENG / CHINA DAILY)

HONG KONG - The incumbent House Committee chairperson could resolve the current Legislative Council (LegCo) impasse by taking charge of the committee’s function in scrutinizing bills presented to it, said Hong Kong LegCo President Andrew Leung Kwan-yuen said on Monday, citing independent legal advice.

Opposition members’ tendency to filibuster has stalled the process of electing a new chairperson, which, in turn, has rendered the committee nonfunctional for more than six months. The incumbent chairperson, Starry Lee Wai-king, has removed herself from the election process to avoid possible conflict of interests as she is standing for reelection. 

Because of the impasse, 14 bills and more than 20 subsidiary regulations have been held up, leading to a partial paralysis of the legislature

Because of the impasse, 14 bills and more than 20 subsidiary regulations have been held up, leading to a partial paralysis of the legislature.

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Leung said that senior counsels Benjamin Yu Yuk-hoi and Suen Jenkin, whom he had consulted, held the view that Lee has not only “responsibility” for but also the “authority” to ensure the functioning of the committee although she should continue to stay out of the process of electing the next chairperson. 

Leung said the senior counsels also opined that opposition lawmaker Dennis Kwok Wing-hang, who is presiding over the election process, had performed contrary to his duty.

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Normally, the election of a new chairperson should top the agenda of every committee in a new session. Yet Kwok has allowed other opposition lawmakers to hold up the election process by discussing issues unrelated to the election, such as the security of the LegCo complex.

Lee said that if the election procedure were to be successfully finished at the morning meeting, the new chairperson would take charge of the rest of the committee’s agenda

Leung said all legal advice had been forwarded to the House Committee for its consideration and he believed the committee would work out ways to find a way out of the current deadlock. 

Later in the day, Starry Lee Wai-king, incumbent chairperson of LegCo’s House Committee, announced that in a special meeting of the panel on Friday, members will consider legal advice on how to deal with the committee’s inability to elect a new chairperson and conduct other business.

The right to assume these duties is in line with the Rules of Procedure and the House Rules — two guiding principles of LegCo’s operation, Lee said. Lee said she will decide whether to adopt the legal advice at the meeting. She may also press ahead with other agenda items.

The committee will hold the 17th meeting to elect a chairperson on Friday morning with Kwok presiding as usual.

Lee said that if the election procedure were to be successfully finished at the morning meeting, the new chairperson would take charge of the rest of the committee’s agenda.