XN000022-1983-07-27 — Page 18

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WEDNESDAY, JULY 27, 1983

BILL REQUIRES BANKS TO PROVIDE INFORMATION

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IN MANY CASES INVOLVING COMMERCIAL CRIME, DRUG TRAFFICKING OR KIDNAPPING PROCEEDS OF THE CRIME ARE LAUNDERED THROUGH BANKS OR DEPOSIT TAKING COMPANIES, THE ACTING SECRETARY FOR SECURITY, THE HON PATRICK WILLIAMSON, SAID TODAY.

STOLEN OR ILLEGAL GOODS CAN ALSO BE STORED IN SAFETY DEPOSIT BOXES OR OTHERWISE HELD IN THE CUSTODY OF A BANK MR WILLIAMSON SAID, MOVING THE SECOND READING OF THE POLICE FORCE (AMENDMENT) BILL 1983, IN THE LEGISLATIVE COUNCIL TODAY.

HE SAID THAT IN ORDER TO INVESTIGATE SUCH CASES, THE POLICE MAY APPLY TO A MAGISTRATE FOR A SEARCH WARRANT UNDER THE POLICE FORCE ORDINANCE.

+BEFORE SUCH A WARRANT IS OBTAINED, HOWEVER, IT IS VERY IMPORTANT TO FIND OUT WHETHER, AND IF SO PRECISELY WHERE, A PERSON WAS AN ACCOUNT OR STORAGE FACILITY WITH A BANK OR DTC.

+WITHOUT THIS INFORMATION IT IS ALMOST IMPOSSIBLE FOR THE POLICE TO OBTAIN A SEARCH WARRANT, HE SAID.

THE PURPOSE OF THE BILL WAS TO EMPOWER THE COMMISSIONER OF POLICE TO REQUIRE BANKS AND DEPOSIT TAKING COMPANIES TO REVEAL WHETHER PARTICULAR PERSONS SUSPECTED OF HAVING COMMITTED AN

INDICTABLE OFFENCE, HAVE OR HAD AN ACCOUNT WITH THEM.

BANKS WOULD ALSO BE REQUIRED TO REVEAL WHETHER SUCH A PERSON HAS OR HAD ACCESS TO A SAFETY DEPOSIT BOX OR ANY PROPERTY OTHERWISE STORED WITH THEM, HE POINTED OUT.

DEBATE ON THE BILL WAS ADJOURNED TO AUGUST 10.

AMENDMENT TO CONSPIRACY LAW SOUGHT

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THE CRIMINAL PROCEDURE (AMENDMENT) (NO. 2) BILL WOULD ALLOW THE COURTS TO JUDGE A PERSON ACCUSED OF CONSPIRACY ON THE MERITS OF HIS OWN CASE AND NOT ON THE BASIS OF THE EVIDENCE ADDUCED AGAINST THE OTHER ALLEGED CONSPIRATORS, THE ACTING LAW DRAFTSMAN, THE HON JAMES FINDLAY, SAID TODAY.

MOVING THE SECOND READING OF THE BILL IN THE LEGISLATIVE COUNCIL, MR FINDLAY EXPLAINED THAT WHERE ALL THE PERSONS WITH WHOM AN ACCUSED WAS ALLEGED TO HAVE CONSPIRED HAD BEEN ACQUITTED, THE LAW OF HONG KONG REQUIRED THAT HE ALSO BE ACQUITTED NO MATTER HOW STRONG THE EVIDENCE MIGHT BE AGAINST HIM,

/+THE KLADUN