CONFIDENTIAL
АКС 24116
13 APR 1992
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 1085
OF 1609OOZ APRIL 92
INFO PRIORITY PEKING, UKREP JLG HONG KONG
TOP COPY
ст
cm Q DIST?
دم
110756
MDLIAN 943/1
9435 4
3
YOUR TELNO 629: BILL OF RIGHTS: REVIEW OF LEGISLATION: CRIMES ORDINANCE.
TUR ASKS WHY WE REQUIRE TO RETAIN A LOITERING OFFENCE GIVEN THE POWERS ALREADY CONTAINED IN SECTION 54 OF THE POLICE FORCE ORDINANCE (PFO). WE HAD PREVIOUSLY CONSIDERED THIS QUESTION.
2.
THE LOITERING OFFENCE IS A VERY EFFECTIVE CRIME PREVENTION MEASURE. SECTION 54 OF PFO ONLY PROVIDES THE POLICE WITH POWERS TO STOP AND SEARCH AND IF NECESSARY TO ARREST AND DETAIN ANY PERSON WHO ACTS IN A SUSPICIOUS MATTER. IT DOES NOT CREATE AN OFFENCE.
THE POWER TO STOP AND SEARCH DOES NOT ALWAYS PROVIDE ADEQUATE PROTECTION FOR MEMBERS OF THE PUBLIC FROM PERSONS WHO WOULD OTHERWISE BE ARRESTED FOR LOITERING.
3.
IN ANY CASE, SECTION 54 OF THE PFO IS ITSELF IN OUR VIEW NOT ENTIRELY COMPATIBLE WITH THE BILL OF RIGHTS (BOR). FOR THIS REASON, THE PFO IS ALSO SUBJECT TO THE BOR FREEZE PERIOD. WE ARE NOW FINALISING AMENDMENTS TO THE PFO TO ACHIEVE COMPATIBILITY WITH THE BOR. WE SHALL FORWARD THESE TO YOU SHORTLY.
WILSON
YYYY
MAIN
56
.HONG KONG AGREEMENT
.(RESTRICTED)
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CONFIDENTIAL