XN000022-1990-07-12 — Page 13

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THURSDAY, JULY 12, 1990

IF

A LOITERER FAILS TO SUB-SECTION (1) MAKES IT AN OFFENCE GIVE A SATISFACTORY EXPLANATION AT THE TIME FOR HIS PRESENCE THERE.

SUB-SECTION (2) SAYS THAT IT IS AN OFFENCE FOR ANY WAY TO WILFULLY OBSTRUCT ANY OTHER PERSON.

A LOITERER IN

COMMITS AN OFFENCE IF HE UNDER SUB-SECTION (3), A LOITERER CAUSES ANY PERSON REASONABLY TO BE CONCERNED FOR HIS SAFETY.

WHILE

THE COMMISSION PROPOSES THAT SUB-SECTION (1) BE REPEALED SUB-SECTIONS (2) AND (3) SHOULD BE RETAINED. THE COMMISSION CONSIDERED THAT THE LATTER TWO SUB-SECTIONS WERE OPERATING SATISFACTORILY POINTED OUT THAT THERE HAD BEEN NO CRITICISM OF THOSE PROVISIONS.

CONVICTIONS

UNDER SUB-SECTION

(1)

-

AND

LOITERING WITHOUT SATISFACTORY EXPLANATION - FORM A LARGE MAJORITY OF CASES.

CRITICISED THE

ABUSE BY

IN MAKING ITS RECOMMENDATIONS, THE COMMISSION OPERATION OF SUB-SECTION (1) FOR THE POSSIBILITY OF POLICE SINCE POLICE TESTIMONY ALONE WAS HABITUALLY USED TO CONVICT.

REQUIREMENT

FOR A SUSPECT

TO

THE

A

PROVIDE THE ADDITION, IN SATISFACTORY ACCOUNT OF HIMSELF AND A SATISFACTORY EXPLANATION FOR HIS PRESENCE AT THE SCENE OF THE ALLEGED CRIME WAS FELT TO RAISE QUESTIONS REGARDING AN ACCUSED'S RIGHT TO SILENCE, ALTHOUGH THIS REQUIREMENT WAS ORIGINALLY INSERTED FOR THE BENEFIT OF THE SUSPECT.

OF A CRIME UNDER THE COMMON LAW DOCTRINE, A PERSON ACCUSED COULD REFUSE TO ANSWER ANY QUESTION PUT TO HIM BY A POLICE OFFICER OR ON ANY OTHER PERSON. THE COMMISSION FELT THAT THE REQUIREMENT IMPOSED

COUNTER TO THE A SUSPECT BY THE LAW TO PROVIDE AN EXPLANATION RAN GENERAL RULE ON A RIGHT TO SILENCE.

THE THE COMMISSION ALSO CONSIDERED THAT THE POWERS GIVEN TO

ORDINANCE PROVIDE AN POLICE UNDER SECTION 54 OF THE POLICE FORCE ADEQUATE SUBSTITUTE FOR SECTION 160(1) OF THE CRIMES ORDINANCE WITHOUT SUFFERING FROM THE DRAWBACKS.

SECTION 54 OF THE POLICE FORCE ORDINANCE EMPOWERS THE POLICE TO PERSON FOUND STOP AND SEARCH AND IF NECESSARY ARREST AND DETAIN ANY

OF HAVING ACTING IN A SUSPICIOUS MANNER OR WHOM AN OFFICER SUSPECTS COMMITTED OR OF BEING ABOUT TO COMMIT ANY OFFENCE.

THE COMMISSION EMPHASISED THAT THE POLICE POWERS AND THAT SUCH POWERS ALREADY EXISTED IN ORDINANCE.

SHOULD HAVE SUCH THE POLICE FORCE

UNLIKE SECTION 160(1) OF THE CRIMES ORDINANCE, SECTION THE POLICE FORCE ORDINANCE DOES NOT LEAD TO A PROSECUTION, BUT

DETAIN A PERSON FOR EMPOWERS THE POLICE TO ARREST AND INQUIRIES WHERE NECESSARY.

54 OF MERELY FURTHER

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