WEDNESDAY, JULY 15, 1992
TWO BILLS TO TACKLE ORGANISED AND SERIOUS CRIMES
TWO BILLS THAT SOUGHT TO IMPROVE THE GOVERNMENT'S ABILITY ΤΟ INVESTIGATE AND PROSECUTE ORGANISED AND SERIOUS CRIMES WERE INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
THE TWO BILLS WERE: THE ORGANISED AND SERIOUS CRIMES BILL THE CRIMINAL PROCEDURE (AMENDMENT) BILL 1992.
INTRODUCING THE FORMER BILL, THE SECRETARY FOR SECURITY, ALISTAIR ASPRE1, SAID THERE HAD FOR LONG BEEN GREAT CONCERN COMMUNITY ABOUT THE EXTENT OF ORGANISED CRIME IN HONG KONG.
AND
MR
IN THE
ORGANISED CRIME ENCOMPASSED THE WHOLL SPECTRUM OF CRIMINAL ACTIVITY FROM TRAFFICKING IN NARCOTICS, ROBBERY, FRAUD, BLACKMAIL, LOANSHARKING AND VICE TO EXTORTION AND PROTECTION OF SHOPKEEPERS, HAWKERS AND PUBLIC LIGHT BUS DRIVERS.
"IT REPRESENTS A PARTICULARLY SERIOUS THREAT TO LAW AND STABILITY IN OUR SOCIETY," MR ASPREY SAID.
"
HE SAID THE OBJECTIVE IN TACKLING ORGANISED CRIME MUST BE TWOFOLD: ΤΟ ENABLE THE POLICE TO OBTAIN EVIDENCE AGAINST THOSE WHO ORGANISE, CO-ORDINATE OR CARRY OUT SUCH CRIMES; AND TO ENABLE ADEQUATE SANCTIONS, INCLUDING FINANCIAL PENALTIES, TO BE IMPOSED ON THOSE INVOLVED IN ORGANISED CRIME.
THE SECRETARY SAID THE POLICE HAD TO BE PROVIDED WITH MORE EFFECTIVE POWERS TO INVESTIGATE ORGANISED CRIME.
"WE THEREFORE PROPOSE THAT THE POLICE SHOULD, FOR THE PURPOSE OF INVESTIGATING ORGANISED CRIMES. BE ABLE TO APPLY TO THE HIGH COURT FOR POWERS ΤΟ REQUIRE A PERSON TO ANSWER QUESTIONS OR OTHERWISE FURNISH INFORMATION OR TO PRODUCE MATERIAL, HE SAID.
HE ADDED THAT IT WOULD BE AN OFFENCE TO FAIL TO COMPLY WITH SUCH AN ORDER OR TO PROVIDE FALSE INFORMATION.
THESE POWERS WILL BE SUBJECT TO A NUMBER OF SAFEGUARDS.
THEY CAN BE INVOKED ONLY FOR THE PURPOSE OF INVESTIGATING ORGANISED CRIME INVOLVING THE OFFENCES IN THE FIRST SCHEDULE OF THE BILL.
THE APPLICATION FOR THE USE OF THE POWERS MUST HAVE THE CONSENT OF THE ATTORNEY GENERAL. THE POWERS MUST BE AUTHORISED BY A HIGH COURT JUDGE AFTER BEING SATISFIED THAT IT IS IN THE PUBLIC INTEREST TO GRANT THE AUTHORITY,
REQUEST
THE SPECIAL INVESTIGATIVE POWERS WOULD BE AVAILABLE TO PRODUCTION OF INFORMATION AND MATERIAL BY BANKS, THI: INLAND REVENUE DEPARTMENT AND ANY BODIES OR PERSONS WHICH OPERATE UNDER A STATUTORY OR COMMON LAW OBLIGATION TO MAINTAIN CONFIDENTIALITY.
/THE BILL