XN000022-1983-12-09 — Page 3

FRIDAY, DECEMBER 9, 1983

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POSSESSION OF HANDCUFFS TO BE ILLEGAL

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THE GOVERNMENT INTENDS TO INTRODUCE A FURTHER CRIME PREVENTION MEASURE WHICH WILL MAKE IT ILLEGAL FOR ANYONE TO POSSESS HANDCUFFS OR SIMILAR ARTICLES WITHOUT LAWFUL EXCUSE.

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UNDER THE SUMMARY OFFENCES (AMENDMENT) BILL 1983 PUBLISHED TODAY, IT WILL BE AN OFFENCE TO POSSESS HANDCUFFS, THUMBCUFFS WRIST RESTRAINT OR ANY OTHER ARTICLE MANUFACTURED FOR THE PURPOSE OF PHYSICALLY RESTRAINING A PERSON WITHOUT LAWFUL EXCUSE. THE POSSESSION OF ARTICLES OF RESTRAINT BY POLICE AND SECURITY OFFICERS FOR LAWFUL PURPOSES WOULD NOT BE AFFECTED, HOWEVER.

A GOVERNMENT SPOKESMAN POINTED OUT THAT THERE HAD BEEN AN INCREASE IN THE NUMBER OF CASES IN WHICH HANDCUFFS WERE USED IN COMMITTING CRIME. THERE WERE 10 CASES IN THE FIRST HALF OF 1982, 30 IN THE SECOND HALF OF 1982, AND 17 IN THE FIRST SIX MONTHS OF THIS YEAR.

ALTHOUGH NO PRECISE STATISTICS ARE AVAILABLE, THE POLICE HAVE FOUND THAT THUMBCUFFS AND WRIST RESTRAINTS HAVE ALSO BEEN USED FOR CRIMINAL PURPOSES, HE SAID.

+UNDER THE EXISTING LAW, IF AN ACTUAL CRIME SUCH AS ROBBERY OR KIDNAPPING IS COMMITTED, A PROSECUTION CAN FOLLOW. HOWEVER, DIFFICULTY ARISES IN PROSECUTING CASES WHEN THE POLICE STOP A PERSON IN SUSPICIOUS CIRCUMSTANCES, SEARCH HIM, AND FIND HIM TO BE IN POSSESSION OF HANDCUFFS OR SIMILAR ARTICLES FOR WHICH HE CANNOT GIVE A SATISFACTORY EXPLANATION, THE SPOKESMAN EXPLAINED. THE BILL NOW PUBLISHED IS INTENDED TO REMEDY THAT SITUATION.

HE ADDED THAT CONCERN OVER THE PROBLEM OF HANDCUFFS HAD BEEN EXPRESSED BY A DISTRICT FIGHT CRIME COMMITTEE AND THE MAIN FIGHT CRIME COMMITTEE HAD ENDORSED THE PROPOSAL TO AMEND THE LAW,

THE BILL WILL BE PRESENTED TO THE LEGISLATIVE COUNCIL ON DECEMBER 21 AND IS EXPECTED TO RECEIVE ITS THIRD READING ON JANUARY 11, 1984.

ANYONE WHO WISHES TO COMMENT ON ITS PROVISIONS MAY WRITE TO UMELCO, AT SWIRE HOUSE, 12TH FLOOR, CHATER ROAD, OR TO THE ATTORNEY GENERAL'S CHAMBERS AT THE CENTRAL GOVERNMENT OFFICES, LOWER ALBERT ROAD, HONG KONG.

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