2
THURSDAY, AUGUST 8, 1991
BILL
1991 CONTAINS
A
NEW PACKAGE OF THE ORGANISED CRIME OFFENCES AND TOUGHER PENALTIES TO TACKLE ORGANISED CRIME IN HONG KONG.
OF
"PUBLIC VIEWS HAVE BEEN IN FAVOUR OF CHANGES TO THE LAW TO MAKE THE FIGHT AGAINST ORGANISED CRIME MORE EFFECTIVE, AND THE PACKAGE
CRIME COMMITTEE, FIGHT BY THE PROPOSALS HAS BEEN ENDORSED SPOKESMAN SAID.
11
THE
AND HE SAID THOSE INVOLVED IN ORGANISED CRIME USED BOTH LEGAL
AND CURRENT LAW WAS ILLEGAL
FINANCIAL PROFIT MEANS TO OBTAIN INADEQUATE FOR THE PURPOSE OF PROSECUTING THE PEOPLE WHO INFLUENCED OR CONTROLLED SYNDICATES.
IT WOULD NOT MEAN THAT THE OFFENCE CARRIES A
CRIMINAL LAW DOES NOT READILY PERMIT AT PRESENT,
LINK BETWEEN AN INDIVIDUAL'S A TRIAL, OF A PRESENTATION, DURING
SYNDICATE OF A MEMBERSHIP OF AN OFFENCE AND HIS COMMISSION
BE EVEN IF SUCH A LINK CAN ASSOCIATION WITH RELATED CRIME ACTIVITY.
HIGHER MÁXIMUM PROVED,
THE
OR
PENALTY,
NOT
PERMIT
OF
PATTERN OF A CRIMES PERPETRATED
IN ADDITION, THE LAWS OF EVIDENCE AND THE RULES OF PROCEDURE DO
PROSECUTION READILY
AT A TRIAL THE ORGANISED CRIME ACTIVITY, PARTICULARLY WHERE THE ARE NOT LEGALLY SIMILAR OR DIRECTLY RELATED.
TO RELY ON THE MAIN OR ONLY TO CONFISCATE THE FOR DEALING IN
OTHER PROBLEMS INclude thE DIFFICULTY FOR COURTS EVIDENCE OF ACCOMPLICES, EVEN THOUGH THIS MAY BE THE EVIDENCE
THE ABSENCE OF POWER AVAILABLE, AND PROCEEDS OR PROFITS OF ORGANISED CRIME OTHER THAN DANGEROUS DRUGS.
IN THE BILL, AN ORGANISED CRIME GROUP IS DEFINED AS SOCIETY OR A GROUP OF TWO OR MORE PEOPLE ASSOCIATED SOLELY OR FOR THE PURPOSE OF ENGAGING REPEATEDLY IN ILLEGAL ACTIVITIES
SUCH AS CRIME
ILLEGAL WITH ORGANISED ASSOCIATED PROSTITUTION, DRUG TRAFFICKING, EXTORTION AND BLACKMAIL.
A TRIAD PARTLY NORMALLY
GAMBLING,
A PERSON WILL BE PRESUMED TO BE A MEMBER OF AN ORGANISED CRIME SOCIETY. GROUP IF HE HAS BEEN CONVICTED OF BEING A MEMBER OF A TRIAD THERE WILL BE NO TIME LIMIT ON THE PRESUMPTION REGARDLESS OF THE CONVICTION WAS BEFORE OR AFTER THE ENACTMENT OF THE BILL.
WHETHER
SEVERED
"A DEFENDANT MAY SUBMIT EVIDENCE TO PROVE THAT HE HAS HIS LINK WITH THE ORGANISED CRIME GROUP," THE SPOKESMAN SAID, "AND IT WILL BE FOR THE COURT TO TAKE INTO ACCOUNT THE TIME DIFFERENCE BETWEEN MEMBER AND THE ALLEGED THE PERSON'S
OF BEING A TRIAD CONVICTION
DECIDING WHETHER
CRIME GROUP
++
MEMBERSHIP
AN ORGANISED OF PRESUMPTION CAN BE REBUTTED."
IN
THE
THE BILL CREATES A NUMBER OF NEW OFFENCES, WHICH ARE RELATED TO ORGANISED THE COMMISSION OF CRIMES IN FURTHERING THE ACTIVITIES OF AN CRIME GROUP.
THE RELEVANT CRIMES ARE ALREADY
ORDINANCES, THEY RANGE
FROM
VARIOUS ROBBERY AND
то
OFFENCES UNDER KIDNAPPING, SMUGGLING, ASSAULT TO FALSE ACCOUNTING, HANDLING STOLEN GOODS, AND CONSPIRACY PERVERT THE COURSE OF JUSTICE.
THE FIRST
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