XN000022-1989-11-15 — Page 3

WEDNESDAY, NOVEMBER 15, 1989

AIM IS FURTHER IMPROVEMENT OF EFFICIENCY, EFFECTIVENESS

THE AMENDMENTS PROPOSED IN THE CUSTOMS AND EXCISE SERVICE (AMENDMENT | BILL SEEK TO FURTHER IMPROVE THE EFFICIENCY AND EFFECTIVENESS OF THE CUSTOMS AND EXCISE SERVICE, THE FINANCIAL SECRETARY, THE HON SIR PIERS JACOBS, SAID IN THE LEGISLATIVE COUNCIL TODAY WEDNESDAY) WHEN HE MOVED THE SECOND READING OF THE BILL.

HIGHLIGHTING THE SALIENT PROPOSALS, SIR PIERS EXPLAINED THAT CLAUSE 3 OF THE BILL REQUIRED A MEMBER OF THE SERVICE ΤΟ CARRY HIS WARRANT CARD AT ALL TIMES, SO THAT HE WAS ALWAYS ABLE TO ESTABLISH HIS IDENTITY AND PROVE HIS AUTHORITY IN EXERCISING HIS LAWFUL POWERS OR DUTIES.

"THIS IS IMPORTANT BECAUSE THE EXISTING SECTION 17 PROVIDE9 THAT A MEMBER WHO IS OFF DUTY SHALL BE DEEMED TO BE ON DUTY WHEREVER HE ENCOUNTERS CIRCUMSTANCES WHICH WOULD REQUIRE HIS INVOLVEMENT IN HIS OFFICIAL CAPACITY," HE SAID.

SIR PIERS SAID CLAUSE 7 INTRODUCED A PROPOSED NEW SECTION 17 BA, WHICH PROVIDED MEMBERS OF THE SERVICE WITH GENERAL POWERS OF SEARCH AND EXAMINATION WITHOUT A WARRANT.

THE CUSTOMS AND EXCISE SERVICE ENFORCED 19 ORDINANCES WHICH HAD THEIR OWN SEARCH AND SEIZURE PROVISIONS.

"DURING ROUTINE CHECKS, MEMBERS OF THE SERVICE ARE NORMALLY EXERCISING POWERS UNDER ANY PARTICULAR ORDINANCE.

NOT

"AS A RESULT, AN OFFENDER CAUGHT AT ONE OF THE CHECKPOINTS MIGHT HAVE A LEGAL DEFENCE TO ANY CHARGE SUBSEQUENTLY BROUGHT.

"TO ENSURE THAT THIS NEW SEARCH POWER IS LIMITED IN SCOPE, IT IS INTENDED THAT THIS POWER MAY BE EXERCISED ONLY AT ENTRY OR EXIT POINTS, OR WHERE CARGO 13 STORED PRIOR TO COLLECTION, HE SAID.

SIR PIERS ADDED THAT THE PROPOSED NEW SECTION 17BB GAVE OFFICERS NOT BELOW THE RANK OF INSPECTOR THE POWER ΤΟ REQUEST PRODUCTION OF A TRAVEL DOCUMENT.

"THIS WILL ALLOW MORB SENIOR MEMBERS OF THE SERVICE TO ASCERTAIN A TRAVELLER'S STATUS FOR THE PURPOSE OF ENFORCING ANY STATUTORY POWERS," HE SAID.

DEBATE ON THE BILL WAS ADJOURNED.

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