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THURSDAY, APRIL 30, 1992
PROPOSED AMENDMENT TO LOITERING LAW
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A BILL SEEKING TO AMEND THE PRESENT LAW ON LOITERING WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON MAY 13.
THE OFFENCE OF LOITERING IS CONTAINED IN THE CRIMES ORDINANCE, WHICH IS ONE OF SIX PIECES OF LAW EXEMPTED FROM THE OPERATION OF BILL OF RIGHTS ORDINANCE DURING THE FREEZE PERIOD WHICH EXPIRES JUNE.
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GOVERNMENT SPOKESMAN SAID TODAY (THURSDAY) THAT FOLLOWING DETAILED REVIEW OF THE CRIMES ORDINANCE, IT WAS CONCLUDED THAT ONLY THE SECTION DEALING WITH LOITERING REQUIRED IMMEDIATE MODIFICATION BECAUSE IT WAS INCONSISTENT WITH THE BILL OF RIGHTS ORDINANCE.
IT IS PROPOSED THAT THE SECTION BE AMENDED BY THE CRIMES (AMENDMENT) (NO. 2) BILL 1992 TO READ : "A PERSON WHO LOITERS IN A PUBLIC PLACE OR IN THE COMMON PARTS OF ANY BUILDING WITH INTENT ΤΟ COMMIT AN ARRESTABLE OFFENCE COMMITS AN OFFENCE AND IS LIABLE то A FINE OF $10,000 AND TO IMPRISONMENT FOR SIX MONTHS.'
THE EXISTING SECTION READS: "ANY PERSON WHO LOITERS IN A PUBLIC PLACE OR IN THE COMMON PARTS OF ANY BUILDING SHALL, UNLESS HE GIVES A SATISFACTORY EXPLANATION FOR HIS PRESENCE THERE, BE GUILTY OF AN OFFENCE AND SHALL BE LIABLE ON CONVICTION TO A FINE OF $2,000 AND TO IMPRISONMENT FOR SIX MONTHS.
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THE SPOKESMAN SAID THE PRESENT LOITERING OFFENCE WAS SUBJECT TO CRITICISM ON THE GROUNDS THAT IT WAS DRAFTED TOO WIDELY, PROVIDING THE POTENTIAL FOR ABUSE AND DISCRIMINATION, AND HAD RESULTED IN DIFFERING INTERPRETATIONS BY THE COURTS.
**IT IS NECESSARY TO RETAIN THE LOITERING OFFENCE AS A CRIME PREVENTION MEASURE. UNDER THE AMENDMENT, A SUSPECT WILL NOT BE REQUIRED TO GIVE AN EXPLANATION FOR SUSPICIOUS BEHAVIOUR AND THERE WILL BE
A NEW REQUIREMENT ON THE PART OF THE PROSECUTION TO PROVE INTENT TO COMMIT AN ARRESTABLE OFFENCE, WHICH IS A NON-TRIVIAL OFFENCE CARRYING A PENALTY OF MORE THAN 12 MONTHS' IMPRISONMENT,' HE EXPLAINED.
ANY FAILURE OF A SUSPECT TO GIVE A SATISFACTORY EXPLANATION OF HIS PRESENCE AND BEHAVIOUR WILL FORM PART OF THE EVIDENCE IN THE CASE. IT WILL NOT, AS IT DOES AT PRESENT, CONSTITUTE A PART OF THE OFFENCE.
"THERE WILL BE NO QUESTION OF THE ACCUSED BEING COMPELLED TO ANSWER QUESTIONS. HE WILL BE CAUTIONED IN THE NORMAL WAY, THAT IS, THAT HE DOES NOT HAVE TO SAY ANYTHING BUT THAT ANYTHING HE DOES SAY MAY BE USED IN EVIDENCE, THE SPOKESMAN SAID.
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