THURSDAY, NOVEMBER 8, 1990
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BILLS CONCERNING IDENTIFYING PARTICULARS OF
ARRESTED PERSONS TO BE INTRODUCED
*
TWO BILLS WILL BE
INTRODUCED INTO THE LEGISLATIVE COUNCIL CLARIFYING THE CIRCUMSTANCES IN WHICH THE FINGER-PRINTS AND OTHER IDENTIFYING PARTICULARS OF PERSONS ARRESTED BY THE POLICE OR THE INDEPENDENT COMMISSION AGAINST CORRUPTION SHOULD BE RETURNED то THEM OR DESTROYED.
THE POLICE FORCE ORDINANCE STIPULATES THAT THE PHOTOGRAPHS, PRINTS AND MEASUREMENTS OF AN ARRESTED PERSON SHOULD BE DESTROYED OR HANDED OVER TO THAT PERSON IF HE IS DISCHARGED BY A MAGISTRATE OR ACQUITTED UPON TRIAL.
A GOVERNMENT SPOKESMAN SAID THE WORDING "DISCHARGED BY A MAGISTRATE" WAS AMBIGUOUS AS IT COULD BE TAKEN TO MEAN DISCHARGED AT THE COMMITTAL STAGE PRIOR TO CONVICTION OR DISCHARGED CONDITIONALLY OR ABSOLUTELY AFTER CONVICTION.
THE POLICE FORCE (AMENDMENT) BILL 1990 COMPELS THE POLICE TO DESTROY OR RETURN THE IDENTIFYING PARTICULARS OF PERSONS WHO ARE DISCHARGED BEFORE CONVICTION OR ARE ACQUITTED AT THEIR TRIAL OR ON APPEAL. IT IS PROPOSED THAT THIS PRACTICE SHOULD ALSO APPLY WHEN IS DECIDED NOT TO CHARGE AN ARRESTED PERSON.
IT
THE INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT} BILL 1990 APPLIES THE SAME CONDITIONS TO PERSONS ARRESTED BY THE ICAC.
THE SPOKESMAN SAID THAT FOR CRIME CONTROL PURPOSES, IT WAS CONSIDERED NECESSARY FOR EXCEPTION TO BE MADE IN CERTAIN CASES. IT IS PROPOSED THAT THE POLICE SHOULD BE ALLOWED TO RETAIN THE IDENTIFYING PARTICULARS OF AN ARRESTED PERSON WHO HAS BEEN CONVICTED OF A PREVIOUS OFFENCE, AN ILLEGAL IMMIGRANT WHO IS SUBJECT TO A REMOVAL ORDER WHETHER OR NOT HE IS PROSECUTED AND JUVENILES UNDER THE AGE OF 17 WHO HAVE BEEN CAUTIONED UNDER THE SUPERINTENDENTS' DISCRETION SCHEME INSTEAD OF BEING PROSECUTED.
FOR CAUTIONED JUVENILES, THEIR IDENTIFYING PARTICULARS WILL BE DESTROYED ONCE THEY REACH THE AGE OF 17 WITHOUT BEING CONVICTED OF ANY CRIMINAL OFFENCE.
THE PROPOSED EXCEPTION FOR ICAC ARRESTS WOULD APPLY ONLY
TO PERSONS WITH A PREVIOUS CONVICTION FOR OFFENCES UNDER SECTION 10 OF THE ICAC ORDINANCE.
THE PROPOSALS ALSO INCLUDE AN AMENDMENT TO THE WORDING OF THE POLICE FORCE ORDINANCE ΤΟ INCLUDE THE TAKING OF PALM-PRINTS, SOLE-PRINTS AND TOE-PRINTS.
THE SPOKESMAN SAID THE TAKING OF PHOTOGRAPHS, FINGER-PRINTS AND HEIGHT AND WEIGHT MEASUREMENTS OF ARRESTED PERSONS WAS A TRADITIONAL PRACTICE IN POLICE WORK AND THE TAKING OF OTHER TYPES OF PRINTS WAS AN INVALUABLE AID TO CRIME DETECTION.
"TAKEN TOGETHER, THE PROPOSALS ARE AIMED AT KEEPING THE MAINTENANCE OF RECORDS TO THE MINIMUM NECESSARY TO ASSIST IN INVESTIGATIONS AND TO REDUCE CRIME IN HONG KONG,' THE SPOKESMAN EXPLAINED.
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