XN000022-1991-12-18 — Page 3

WEDNESDAY, DECEMBER 18, 1991

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WHITE BILL REPRESENTS A CONCERTED APPROACH TO TACKLE ORGANISED CRIME

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THE WHITE BILL ON ORGANISED CRIME REPRESENTED A CONCERTED APPROACH BY THE GOVERNMENT TO TACKLE THE PROBLEM BY INCLUDING PENAL PROVISIONS OF GREAT SEVERITY, THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

SPEAKING IN A MOTION DEBATE ON THE WHITE BILL, MR MATHEWS SAID IT WAS ONLY RIGHT THAT THOSE WHO SOUGHT TO UNDERMINE THE FABRIC OF SOCIETY, CONSISTENTLY AND IN AN ORGANISED

WAY, SHOULD BE PUNISHED HEAVILY.

"THE BILL PROVIDES POWER FOR THE COURTS TO DEPRIVE AN OFFENDER OF HIS PROFITS. THE MESSAGE TO CRIMINALS WILL BE SIMPLE AND UNCOMPROMISING CRIME DOES NOT PAY," HE SAID.

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MR MATHEWS NOTED THAT THE ORGANISED CRIME WHITE BILL WAS PUBLISHED AFTER A THOROUGH STUDY OF THE METHODS ADOPTED IN OTHER COUNTRIES.

IN PREPARING THE BILL, THE NEED то CONFORM WITH INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, AS MIRRORED THE BILL OF RIGHTS ORDINANCE, WAS TAKEN INTO ACCOUNT.

THE IN

"THAT SAID," MR MATHEWS SAID, "IT MUST BE UNDERSTOOD THAT THE CASE LAW ON HUMAN RIGHTS, BOTH AT THE INTERNATIONAL LEVEL AND IN HONG KONG, IS STILL DEVELOPING.

"IN MANY AREAS THE LAW ON HUMAN RIGHTS HAS YET TO BE SETTLED. THIS IS PARTICULARLY TRUE IN HONG KONG, WHERE THE BILL OF RIGHTS ORDINANCE HAS ONLY BEEN IN FORCE FOR SIX MONTHS AND THE COURTS HAVE ONLY JUST BEGUN BUILDING A BODY OF JURISPRUDENCE AROUND IT."

HE SAID IT WOULD BE PREMATURE FOR HIM TO GIVE A DEFINITIVE VIEW AS TO WHICH OF THE CLAUSES IN THE WHITE BILL MIGHT NEED TO BE AMENDED OR REPLACED BY REASON OF INCONSISTENCY WITH THE COVENANT AS MIRRORED IN THE BILL OF RIGHTS, AND AS TO THE MANNER OF ANY AMENDMENT PROPOSED.

"THAT IS A MATTER THAT WE ARE EXAMINING AT PRESENT. IN PARTICULAR, WE ARE LOOKING CAREFULLY AND ANXIOUSLY AT THOSE AREAS WHERE THE COURT HAS ALREADY EXPRESSED A VIEW IN RELATION TO SIMILAR LEGISLATION, AND WHERE LEGAL COMMENTATORS HAVE IDENTIFIED ISSUES OF INCOMPATIBILITY," HE SAID.

HE SAID SOME PRELIMINARY THOUGHTS HAD BEEN FORMED.

POSSIBLE

MR MATHEWS SAID CONCERNS ABOUT THE EFFECTIVENESS OF THE WHITE BILL AGAINST CONTINUING CRIMINAL ENTERPRISES, ITS EFFECT ON AN ACCUSED'S RIGHT TO A FAIR HEARING, AND THE LIKELIHOOD OF PREJUDICE AGGRAVATED BY THE LACK OF ANY REQUIREMENT TO PROVE A LINK BETWEEN THE ORGANISED CRIME GROUP AND AN ORGANISED CRIME OFFENCE, WOULD HAVE TO BE ADDRESSED.

/HE SAID