CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 948
OF 311112Z MARCH 92
CONFIDENTIAL
HKC 241/1
fs.
TOP COPY CMYD'ST?
INFO PRIORITY PEKING, UKREP JLG HONG KONG
25
041525
MDHIAN 8790
OUR TELNO 56: BILL OF RIGHTS, REVIEW OF LEGISLATION.
1. WE UNDERTOOK IN PARA 11 OF OUR TUR TO TELEGRAPH YOU SEPARATELY ON EACH OF THE ORDINANCES SUBJECT TO THE BILL OF RIGHTS (BOR) FREEZE. WE ARE SEEKING YOUR VIEWS SEPARATELY ON OUR PROPOSED AMENDMENTS TO THE IMMIGRATION ORDINANCE (YOUR TELNO 571 REFERS). THE PURPOSE OF THIS TELEGRAM IS TO SEEK YOUR VIEWS ON HOW TO DEAL WITH THE CHINESE ON THE PROPOSED AMENDMENT TO THE CRIMES ORDINANCE. WE HAVE COMPLETED A REVIEW OF THIS ORDINANCE AND CONCLUDED THAT ONLY S.160(1) ON LOITERING REQUIRES AMENDMENT IN THE LIGHT OF THE BOR.
2. THE BILL TO AMEND S.160(I) OF THE ORDINANCE, AND THE ARGUMENTS FOR IT, ARE SET OUT IN THE EXECUTIVE COUNCIL MEMORANDUM WHICH WE ARE FAXING YOU TODAY. THE BILL PROPOSES THAT S.160(I) SHOULD BE REPLACED BY A NEW AND SIMPLIFIED LOITERING OFFENCE WHICH PROVIDES THAT ANY PERSON WHO LOITERS IN A PUBLIC PLACE OR IN THE COMMON PARTS OF ANY BUILDING WITH INTENT TO COMMIT AN ARRESTABLE OFFENCE ICI.E., A NON-TRIVIAL OFFENCE WHICH ATTRACTS AN IMPRISONMENT TERM OF MORE THAN 12 MONTHS) WILL BE LIABLE TO PENALTY.
3. EXCO CONSIDERED THE BILL ON 17 MARCH. WHILE THEY HAD NO GENERAL OBJECTION TO IT, THEY DIRECTED THAT A FURTHER SUBMISSION BE MADE REVIEWING THE ADVANTAGES AND DISADVANTAGES OF RELATING THE INTENT REQUIRED FOR THE OFFENCE OF LOITERING TO THE COMMISSION OF AN ARRESTABLE OFFENCE OR TO ANY OFFENCE. WE INTEND TO GO BACK TO EXCO ON 28 APRIL ARGUING THE CASE FOR REQUIRING AN INTENT TO COMMIT AN ARRESTABLE OFFENCE.
4. THE PROPOSED AMENDMENT IS STRAIGHT FORWARD AND INDEED SEEKS TO RETAIN THE OFFENCE IN QUESTION THOUGH IN A FORM COMPATIBLE WITH THE BOR. WE DO NOT THEREFORE SEE THE NEED TO BRIEF THE CHINESE ABOUT IT BUT WOULD LEAVE IT TO THEM TO ENQUIRE ABOUT OUR PROPOSAL ONCE IT HAS BECOME PUBLIC, I.E., OPTION 7(C) OF TUR. GRATEFUL TO KNOW YOUR VIEWS ON THIS DESKBY 010OZ ON FRIDAY 10 APRIL.
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