6.29
54
(d) broad based statutory conspiracy and
anti-racketeering laws, the most widely used of which is the Racketeer
Influenced and Corrupt Organisations Statute [RICO].
In recent years the United States authorities claim, with some justification, to have made real inroads into organised crime activity. The paragraphs following examine some of these devices in detail and suggest how they could be adapted to Hong Kong.
THE GRAND JURY APPROACH
6.30
6.31
The grand jury, an idea originally transplanted from England, is entrenched in the American Federal System by the Fifth Amendment to their constitution. In practice, but not in law, there are two kinds. First there is the indicting jury, whose role is to determine whether the prosecution case should be taken to trial. An indictment is the charge laid against an accused person. The process of the indicting jury is analogous to the committal proceeding in Hong Kong.
The second kind, investigatory grand juries, are set up in the Federal system by a District Court at the instance of the United States Attorney. They investigate and examine serious criminal activity to determine whether or not to put the subject of the investigation on trial. In practice they are particularly involved in investigating organised crime [but this is not their exclusive function]. The members of the jury are laymen. In the Federal system there is a maximum of 23 members on an investigating grand jury; and in the state systems each state jurisdiction determines its own number of jury members. Grand juries decide, by majority, whether there is sufficient evidence to warrant putting the subject of an investigation on trial.
6.32 The grand jury is not presided over by a judicial officer, though questions of law concerning its practice may be referred to a judge for advice. Traditionally it is accorded wide latitude to enquire into violations of the criminal law. In practice it receives evidence put before it by the prosecutor.
6.33
role are
Its notable features in the investigatory
(a) it operates in secret;
(b)
a witness has no right to counsel in the grand jury room but if he wishes to consult his counsel he may leave the jury room and consult outside;