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5

MONDAY, NOVEMBER 23, 1992

THERE

INTER COURT

ACCESS TO SPECIAL PROCEDURE MATERIAL REQUIRES POLICE TO MAKE AN THE PARTES

TO A JUDGE FOR AN ORDER BY SATISFYING APPLICATION

ARE REASONABLE

THAT THAT

BELIEVING GROUNDS FOR

A SERIOUS

OFFENCE HAS

THAT BEEN COMMITTED AND

THERE TS SPECIAL

ON THE MATERIAL

PREMISES WHICH IS LIKELY TO BE OF

RELEVANT VALUE TO THE INVESTIGATION AND TO BE

THEY THE

ARRESTABLE PROCEDURE SUBSTANTIAL

IN

ADDITION,

POLICE HAVE TO SHOW THAT

REGARD

HAVE

EVIDENCE,

TRIED

OTHER

THE

THE

METHODS OF OBTAINING THE MATERIAL AND THAT GRANTING ACCESS IS IN

INTEREST, PUBLIC

HAVING

TO

ΤΟ THE LIKELY BENEFIT INVESTIGATION AND THE CIRCUMSTANCES UNDER WHICH THE MATERIAL IS HELD.

9.

ROAD CHECKS

THE

RANK DESIRABLE

ESTABLISH A ROAD HAS RECOMMENDED THAT THE POWER TO COMMISSION

THAT CHECK SHOULD BE ALLOWED IN RELATION TO AN ARRESTABLE OFFENCE AND

THE OF

OF CHIEF BE AUTHORISED BY AN OFFICER A ROAD CHECK

THAT THE INSPECTOR OR

THE COMMISSION THINKS IT ABOVE.

CHECKS ROAD POLICE

FOR SHOULD,

INSTANCE, BE ABLE TO ESTABLISH ASSIST IN THE IDENTIFICATION OF ILLEGAL IMMIGRANTS.

ΤΟ

OF POWER

THE SHOULD BE

THX COMMISSION FURTHER RECOMMENDS THAT THE EXISTING POLICE TO STOP VEHICLES UNDER THE ROAD TRAFFIC ORDINANCE PRESERVED BUT THAT THE LAW BE AMENDED TO MAKE IT CLEAR THAT IT POWER TO STOP ONLY FOR PURPOSES RELATED TO OFFENCES UNDER TRAFFIC ORDINANCE.

10. IDENTITY CHECKS

GIVES THE ROAD

IN

PROOF CARRY

OF OF VIEW

THE NEED TO ENFORCE THE REQUIREMENT TO

THE IDENTITY, THE COMMISSION RECOMMENDS THAT THE EXISTING POWER UNDER

CARRY

RANDOM OUT ORDINANCE IMMIGRATION

WHICH ALLOWS THE POLICE TO IDENTITY CHECKS WITHOUT THE NEED FOR ANY SUSPICTON SHOULD BE RETAINED.

THE COMMISSJON, HOWEVER, FEELS THAT THE INDIVIDUAL'S CRIMINAL SHOULD NOT BE AUTOMATICALLY AVAILABLE TO THE POLICE OFFICER MAKING RANDOM IDENTITY CHECK AS A SAFEGUARD AGAINST ABUSE OF THE POWER, COMMISSION RECOMMENDS THAT THE POLICE SHOULD BE REQUIRED TO WRITTEN RECORD OF ANY IDENTITY CHECKS.

RECORD

A

THE KEEP A

4

DETENTION

UNDER

THE

NO

CLEAR

LEGISLATIVE CURRENT LAW IN HONG KONG, THERE IS STATEMENT OF THE TIME LIMITS GOVERNING THE DETENTION OF PERSONS BY THE POLICE. TRE COMMISSION RECOMMENDS THE ADOPTION OF THE PACE PROVISIONS SETTING OUT THE PERIODS FOR WHICH A PERSON MAY BE DETAINED BEFORE AFTER CHARGE.

OR

/BROADLY, A

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