XN000022-1991-12-14 — Page 2

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SATURDAY, DECEMBER 14, 1991

COMPATIBILITY OF ORGANISED CRIME BILL WITH BILL OF RIGHTS EXPLAINED?

THE ACTING SECRETARY FOR SECURITY, MR IAN STRACHAN, TODAY (SATURDAY) RESPONDED TO CONCERNS RAISED BY OMELCO MEMBERS AND MEMBERS OF THE PUBLIC CONCERNING THE COMPATIBILITY OF SOME PROVISIONS IN THE ORGANISED CRIME WHITE BILL WITH THE BILL OF RIGHTS.

MR STRACHAN EXPLAINED THAT FOLLOWING THE ENACTMENT OF THE BILL OF RIGHTS (BOR) ORDINANCE IN JUNE THIS YEAR, ANY PROPOSED LEGISLATION TENDERED TO THE LEGISLATIVE COUNCIL MUST BE COMPATIBLE WITH THE RELEVANT PROVISION OF THAT ORDINANCE. IF IT IS NOT, THEN UPON CHALLENGE IT WILL BE STRUCK DOWN BY THE COURTS.

"IT IS NOT A QUESTION OF WHETHER THE GOVERNMENT WANTS TO COMPLY WITH THE PROVISIONS OF THE BOR ORDINANCE, IT MUST ENSURE COMPLIANCE IN SO FAR AS IT IS ABLE TO DO SO, BECAUSE THAT IS THE LAW, HE SAID.

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HE SAID AFTER STUDYING THE PUBLIC SUBMISSIONS ON THE WHITE BILL AND FOLLOWING DISCUSSIONS WITH THE OMELCO SECURITY PANEL, THE ADMINISTRATION HAD NOW FORMED SOME PRELIMINARY VIEWS ON THE CONTAINED IN THE WHITE BILL.

PROPOSALS

HAVE ΤΟ

THE BOR AGAINST

"DURING THE COURSE OF OUR REVIEW OF THE BILL WE WILL CONSIDER NOT ONLY HOW TO ENSURE ITS COMPATIBILITY WITH ORDINANCE, BUT ALSO TO PRODUCE LEGISLATION WHICH IS EFFECTIVE ORGANISED CRIME, AGAINST THE NECESSITY OF BEING FAIR TO AN ACCUSED J. HE ADDED.

TURNING TO SPECIFIC CONCERNS RAISED BY SOME OMELCO MEMBERS AND MEMBERS OF THE PUBLIC, MR STRACHAN NOTED THAT IT HAD BEEN ARGUED THAT THE INTRODUCTION OF EVIDENCE OF PREVIOUS CONVICTIONS, BAD CHARACTER OR CRIMINAL ASSOCIATIONS WOULD HAVE AN ADVERSE EFFECT ON AN ACCUSED 'S RIGHT TO A FAIR HEARING.

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"WE WILL HAVE TO ADDRESS THESE CRITICISMS BUT WE HAVE NOT YET FORMED A VIEW ON THIS. BUT IN SO FAR AS THE RELEVANT CLAUSES CREATE AGGRAVATED OFFENCES, OR PROVIDE FOR ENHANCED PUNISHMENT OF RECIDIVIЯT OFFENDERS, WE ARE SATISFIED THAT THEY WILL NOT CONFLICT WITH THE PROHIBITION AGAINST DOUBLE JEOPARDY CONTAINED IN THE BOR ORDINANCE, HE

SAID.

"WHILST NOT ACCEPTING THAT TAKING ACCOUNT OF CRIMINAL ACTS COMMITTED BEFORE THE EFFECTIVE DATE OF THE LEGISLATION IS OFFENSIVE TO THE PROHIBITION AGAINST THE CREATING OF RETROSPECTIVE CRIMINAL OFFENCES AS CONTAINED IN THE BOR ORDINANCE, WE DO ACKNOWLEDGE THAT THE WAY IN WHICH THE BILL DEALS WITH THIS MAY BE OBJECTIONABLE.

"IN THE CIRCUMSTANCES, THEREFORE, I CONFIRM THAT THE CLAUSE MAY WELL BE MODIFIED TO ADDRESS THIS DIFFICULTY."

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REFERRING TO THE CLAUSE CONCERNING PRESUMPTION OF TRIAD MEMBERSHIP, MR STRACHAN SAID ON THE BASIS OF A COURT OF APPEAL

RULING ON A TEST CASE, THIS CLAUSE COULD NOT SURVIVE THE BOR CHALLENGE IN ITS PRESENT FORM.

/"I CONFIRM