CONFIDENTIAL

FINANCIAL AND STAFFING IMPLICATIONS

31

The proposal has no financial or staffing implications.

XCC(92)98

PUBLIC CONSULTATION

32

In view of the urgent need to complete the review of the Ordinance to make it compatible with the BOR Ordinance, it has not been possible to carry out any public consultation.

PUBLIC REACTION

33

Given the present level of public anxiety over violent crime, there will be some concern about whether these proposals might impair the operational effectiveness of the Police Force. The retention of police powers to stop and search will be welcomed by most sections of the general public. Our assessment is that the community as a whole would accept the proposals as a sensible compromise between the need to maintain adequate police powers and civil liberties. Junior police officers are expected to react adversely if LegCo does not support the Bill or delays in enacting it, thus rendering the relevant police powers susceptible to BOR challenge. Early enactment of the bill will remove doubts on police powers and would be desirable.

34

The civil liberties lobby is likely to criticise the proposals as a half measure and to call upon the Government to conduct a full review of police powers. They are however unlikely to gain the support of the general public for this view.

35

Journalists might also take the opportunity to criticize the Ordinance. There have been editorial comments calling for the protection of press freedom and restriction of police powers. Police seizure of TV videotapes in 1989 and the use of an unedited TV videotape as court evidence for prosecution of a newspaper photograph in 1991 sparked off comments and concerns from the media world. The present proposals are unlikely to satisfy them.

Executive Council

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