3

assaults.

Use of the provisions have produced notable reductions in

robbery and burglary figures in certain areas. These exar ples

indicate that the provisions are, in Mr Peter C. Kong's words,

"performing a useful function"

6.

The Government also considers that the Police have been

enforcing the law in a satisfactory manner. The relevant Police

Headquarter's Crder sets out clearly the circumstances in which an

officer should act. It states that he must watch the suspect for as

long as possible to observe a pattern of behaviour which is genuinely

suspicious. It also states that the explanations offered by the

suspect should be checked at or near the time he gives them to ensure

that if the explanation is true and reasonable he will be released

immediately.

7.

The Government's view is reinforced by the fact that in

the five and a half years since the enactment of the loitering

provisions, the conviction rate has never been less that 60% in any

one year and has averaged 72%. Furthermore, in 1984, the first

complete year for which statistics were compiled, there were 2,644

prosecutions for loitering but in only 183 cases were there

complaints lodged with CAFO. Only 4 of those were substantiated.

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