くくくく
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OUT TELEGRAM (CONT)
Classification
CONFIDENTIAL
+
Caveat
Precedence
IMMEDIATE
has reasonable grounds for considering that the person is acting
suspiciously.
4.
5
61
31
9
()
10:
11:
12
131
141
15
16
171
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i
However, we are more concerned about the proposed section
50(7) under which a person may be temporarily detained for the
duration of a search for items which may be of value in the
investigation of an offence which has been or is about to be
committed. We understand paragraph 4 of your telno 1242 to mean
that it is not a condition that there should be reasonable
grounds for thinking that that person is likely to hinder the
search, and indeed he might be quite unconnected with the
offence. Our concern is that a person could be detained under
this provision who has not committed an offence, nor is there
any reasonable suspicion that he is likely to do so. He would
be detained solely in connection with a search for items which
may be of value in investigating an offence in which he is not
necessarily involved and without any reasonable ground existing
for suspecting that he would hinder that search. This section,
as so understood, may will give rise to a challenge in the Hong
Kong courts.
1
5. We would be grateful for clarification of the last point.
Other than that, we have no further comments.
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