XN000022-1992-05-21 — Page 5

THURSDAY, MAY 21, 1992

REVIEW OF POLICE FORCE ORDINANCE

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POLICE POWERS TO STOP, SEARCH, ARREST AND DETAIN SUSPECTS TO BE MODIFIED то BRING THEM IN LINE WITH THE BILL OF RIGHTS ORDINANCE.

THE EXISTING POWERS ARE CONTAINED IN THE POLICE FORCE ORDINANCE, ONE OF THE SIX PIECES OF LEGISLATION EXEMPTED FROM THE OPERATION OF THE BILL OF RIGHTS ORDINANCE WHEN IT CAME INTO EFFECT ON JUNE 8, 1991. THE EXEMPTION EXPIRES NEXT MONTH.

A GOVERNMENT SPOKESMAN SAID MEASURES BEING PROPOSED IN THE POLICE FORCE (AMENDMENT) BILL 1992 WOULD MEET PROVISIONS IN THE BILL OF RIGHTS ORDINANCE THAT NO ONE SHOULD BE SUBJECTED TO ARBITRARY ARREST OR DETENTION, OR UNLAWFUL INTERFERENCE WITH HIS PRIVACY.

BUT HE STRESSED THAT THE CHANGES WOULD NOT AFFECT THE ABILITY OF THE POLICE TO COMBAT CRIME.

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PROPOSALS STRIKE A SENSIBLE BALANCE BETWEEN THE NEED TO MAINTAIN ADEQUATE POLICE POWERS ON THE ONE HAND AND THE NEED TO MEET THE CONCERN OF THE BILL OF RIGHTS ON THE OTHER."

"UNDER EXISTING LEGISLATION, THE POLICE MAY ARREST WITHOUT A WARRANT ANY PERSON WHO MAY BE CHARGED WITH OR WHOM THE POLICE OFFICER REASONABLY SUSPECTS OF HAVING COMMITTED ANY OFFENCE, REGARDLESS OF HOW TRIVIAL THE OFFENCE IS, HE SAID.

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"THE PROPOSALS LIMIT THESE POWERS ΤΟ SITUATIONS WHERE AN OFFICER SUSPECTS THE PERSON HAS COMMITTED AN OFFENCE PUNISHABLE BY IMPRISONMENT ON FIRST CONVICTION; AN OFFENCE CARRYING A DEATH PENALTY

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LIFE IMPRISONMENT; AND ANY OFFENCE IF PROOF OF IDENTITY OR PERMANENT ADDRESS CANNOT BE ASCERTAINED FOR SERVING SUMMONS.'

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THE SPOKESMAN SAID THE POWER TO SEARCH AN ARRESTED PERSON WOULD ALSO BE MODIFIED.

"UNDER THE PROPOSED BILL, THE SEARCH AND SEIZURE MUST BE LIMITED TO THINGS OF VALUE TO THE INVESTIGATION OF A SUSPECTED OFFENCE COMMITTED BY THE ARRESTED PERSON, THIS FOLLOWS COMMON LAW PRINCIPLES, HE ADDED.

ANOTHER AMENDMENT RELATES TO THE POWER OF ENTRY, SEARCH SEIZURE AND DETENTION UNDER A WARRANT ISSUED BY A MAGISTRATE.

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IT IS PROPOSED TO RESTRICT THESE POWERS TO SEARCHING FOR AND SEIZING ARTICLES THAT ARE LIKELY TO BE OF VALUE IN THE INVESTIGATION OF AN OFFENCE. HOWEVER, THE POWER OF ARREST OR AT LEAST TEMPORARY DETENTION IS TO BE RETAINED.

"WE CONSIDER IT IMPORTANT TO PRESERVE THIS POWER TO GUARD AGAINST ANYONE DESTROYING VALUABLE EVIDENCE OR TIPPING OFF ASSOCIATES ELSEWHERE WHO MAY BE CONNECTED WITH THE OFFENCE," SAID THE SPOKESMAN.

/HOWEVER UNDER

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