XN000022-1983-08-10 — Page 5

3

WEDNESDAY, AUGUST 10, 1983

POLICE FORCE (AMENDMENT) BILL PASSED

****

THE CONVENER OF THE LEGISLATION SCRUTINY GROUP OF UNOFFICIAL LEGISLATIVE COUNCILLORS, THE HON PETER C. WONG, TODAY SUPPORTED THE POLICE FORCE (AMENDMENT) BILL 1983, SUBJECT TO THREE AMENDMENTS PROPOSED BY UNOFFICIALS.

THREE OTHER UNOFFICIALS, THE HON ANDREW SO, THE HON BILL BROWN AND THE HON MARIA TAM, SPOKE DURING THE RESUMED DEBATE ON THE BILL.

MR BROWN AND MISS TAM ALSO SUPPORTED THE MOTION WHILE MR SO ABSTAINED FROM VOTING.

MR WONG SAID THAT UNOFFICIAL MEMBERS GENERALLY SUPPORTED THE BILL.

HE SAID THAT, HOWEVER, AFTER CONSULTATION, THE ADMINISTRATION HAD AGREED TO CERTAIN AMENDMENTS WHICH WERE MOVED BY MISS MARIA TAM AT THE COMMITTEE STAGE.

+MR ANDREW SO OPPOSES THE BILL IN PRINCIPLE, HE SAID.

MR WONG EXPLAINED THAT THE PURPOSE OF THE BILL WAS TO FACILITATE THE INVESTIGATION OF INDICTABLE OFFENCES,

MR WONG SAID, +VERY OFTEN PROCEEDS RESULTING FROM CRIMINAL ACTIVITIES ARE DEPOSITED IN BANKS OR DEPOSIT-TAKING COMPANIES, AND STOLEN OR ILLEGAL GOODS ARE KEPT IN SAFETY DEPOSIT BOXES ÓR OTHERWISE HELD IN THE SAFE CUSTODY OF A BANK,

+THE BILL THEREFORE SEEKS TO CONFER POWER ON THE COMMISSIONER OF POLICE TO REQUIRE BANKS AND DEPOSIT-TAKING COMPANIES TO INFORM HIM WHETHER A SPECIFIED PERSON HAS OR HAD AN ACCOUNT WITH THE BANK OR DEPOSIT-TAKING COMPANY OR HAS PLACED À SAFETY DEPOSIT BOX OR OTHER THING WITH A BANK.

MR WONG POINTED OUT THAT THE BILL DID NOT CONFER POWER ON THE COMMISSIONER TO ASK FOR INFORMATION REGARDING THE PRECISE NATURE OF THE ACCOUNTS, SAFETY DEPOSIT BOXES OR STORED ITEMS.

THESE WILL CONTINUE TO REQUIRE THE PRESENTATION OF A SEARCH WARRANT ISSUED BY A MAGISTRATE.

THE INFORMATION LAID BEFORE A MAGISTRATE FOR THE APPLICATION OF A WARRANT MUST BE PRECISE, AND HENCE IT IS ESSENTIAL TO KNOW WHETHER A SUSPECTED PERSON HAS OR HAD AN ACCOUNT WITH A PARTICULAR BANK OR DEPOSIT-TAK ING COMPANY.

THE SAME PRECISE INFORMATION APPLIES TO APPLICATIONS FOR SEARCH WARRANTS RELATING TO SAFETY DEPOSIT BOXES AND OTHER STORED ITEMS, MR WONG SAID.

MR BROWN SAID THAT VIEWS WERE EXPRESSED THAT PROPOSALS IN THE POLICE FORCE (AMENDMENT) BILL WOULD HURT HONG KONG'S PRESTIGE AS A LEADING FINANCIAL CENTRE.

IN ADDITION,