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WEDNESDAY, NOVEMBER 15. 1989

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A

OF

IN CONSIDERING AN APPLICATION BY THE POLICE FOR A WARRANT, MAGISTRATE WILL BE MINDFUL OF THE NEED TO PROTECT THE CIVIL RIGHTS THOSE WHO MAY BE DIRECTLY AFFECTED BY POLICE ACTION ON THE ONE HAND, AND THOSE OF OTHER MEMBERS OF THE COMMUNITY ON THE OTHER.

"BEFORE ISSUING THE WARRANT THE MAGISTRATE HAS ΤΟ HAVE REASONABLE CAUSE TO SUSPECT, UPON THE OATH OF THE APPLICANT, THAT A DOCUMENT, ARTICLE OR THING MAY THROW LIGHT ON THE CHARACTER OR ACTIVITIES OF A PERSON SUSPECTED OF AN OFFENCE, MR BARNES SAID.

AT

MR BARNES SAID IT WOULD BE INAPPROPRIATE FOR HIM TO COMMENT THIS STAGE ON THE DETAILS OF THIS PARTICULAR CASE AS THE MATTER WAS SUB-JUDICE PENDING COURT HEARINGS NEXT MONTH.

"HOWEVER, I AM INFORMED THAT THE WARRANT IN THIS INSTANCE WAS ONLY SOUGHT AFTER THE REJECTION BY THE TELEVISION COMPANIES CONCERNED OF REQUESTS TO ALLOW INVESTIGATING OFFICERS TO VIEW THE VIDEO TAPES, HE SAID.

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WAS

AS REGARDS AMENDMENT OF THE POLICE FORCE ORDINANCE TO BRING IT INTO LINE WITH THE UK POLICE AND CRIMINAL EVIDENCE ACT OF 1984. MR BARNES SAID THAT IN NOVEMBER LAST YEAR THE LAW REFORM COMMISSION INVITED TO EXAMINE, AMONGST OTHER THINGS, THE EXISTING LAW PRACTICE GOVERNING THE POWERS AND DUTIES OF THE POLICE IN RELATION ENTRY, SEARCH AND SEIZURE, AND ARREST AND DETENTION.

AND

TO

"IN PARTICULAR, THE COMMISSION WAS INVITED TO MAKE RECOMMENDATIONS AS TO WHETHER THE PROVISIONS CONTAINED IN AND CRIMINAL EVIDENCE ACT OF 1984, AND THE CODES THEREUNDER, SHOULD BE

IN HONG KONG, WITH MODIFICATION," HE SAID.

ADOPTED

THE POLICE OF PRACTICE OR WITHOUT

TWO RAILWAY CORPORATIONS BEING CLOSELY MONITORED

THE GOVERNOR IN COUNCIL. THE CHIEF SECRETARY AND THE FINANCIAL SECRETARY ARE EMPOWERED BY LAW TO GIVE DIRECTIONS TO THE TWO RAILWAY CORPORATIONS ON ISSUES OF PUBLIC INTEREST, INCLUDING SAFETY AND FINANCIAL AFFAIRS, THE SECRETARY FOR TRANSPORT, THE HON MICHAEL LEUNG, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

REPLYING TO A QUESTION FROM THE HON TAI CHIN-WAH, MR LEUNG SAID THERE WERE DETAILED PROVISIONS IN THE LEGISLATION TO ENSURE THE CORPORATIONS FULFILLED THEIR STATUTORY DUTIES.

THE ENFORCEMENT OF THESE PROVISIONS WAS MONITORED BY THE TRANSPORT BRANCH, ASSISTED BY THE TRANSPORT DEPARTMENT, WHOSE STAFF WERE IN CLOSE AND REGULAR TOUCH WITH BOTH RAIL MANAGEMENTS, HE SAID.

/ON THE

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