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WEDNESDAY, JULY 7, 1976
PROCEDURES TO SEARCH PREMISES ******
THE SECRETARY FOR SECURITY, THE HON. LEWIS DAVIES, SAID TODAY HE WOULD NOT PROPOSE TO CHANGE THE PROCEDURES SO AS TO OBLIGE POLICE AND ICAC OFFICERS TO RELY ON MAGISTRATES' WARRANTS IN THE SEARCHING OF HOMES OR NON-DOMESTIC PREMISES, EXCEPT ON OCCASIONS OF EMERGENCY.
IN REPLY TO A QUESTION BY THE HON. HILTON CHEONG-LEEN IN THE LEGISLATIVE COUNCIL, HE SAID THAT ANY CHANGES IN THE LAW OR IN THE PROCEDURES OF THE LAW ENFORCEMENT AGENCIES IN THIS RESPECT COULD HAVE AN ADVERSE EFFECT ON HONG KONG'S FIGHT AGAINST CRIME AND CORRUPTION.
MR. DAVIES SAID PRIVATE PREMISES MIGHT BE ENTERED AND SEARCHED ONLY ON THE AUTHORITY OF A MAGISTRATE'S WARRANT EXCEPT IN CERTAIN LIMITED CIRCUMSTANCES WHERE PARTICULAR ORDINANCES CONTAIN SPECIAL PROVISIONS.
HE EXPLAINED THAT THESE CIRCUMSTANCES WERE OFTEN SUCH THAT LAW ENFORCEMENT MUST BE TAKEN IMMEDIATELY, IF IT WAS TO BE EFFECTIVE AND WHICH WERE OF SPECIAL CONCERN IN THE FIGHT AGAINST CRIME.
+ IN EACH CASE THE PARTICULAR SPECIAL PROVISION HAS BEEN CONSIDERED JUSTIFIED BY THIS COUNCIL PRIOR TO THE ENACTMENT OF THE ORDINANCE CONCERNED,+ HE EMPHASISED.
HE POINTED OUT THAT BOTH THE POLICE FORCE AND THE INDEPENDENT COMMISSION AGAINST CORRUPTION HAD ADMINISTRATIVE INSTRUCTIONS IN FORCE REGULATING THE EXERCISE OF THE POWERS OF ENTRY WITHOUT WARRANT.
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