XN000022-1992-07-07 — Page 6

5

TUESDAY, JULY 7, 1992

SPECIAL INVESTIGATIVE POWERS FOR THE

то ANSWER QUESTIONS AND

PERSON

RELEVANT TO AN INVESTIGATION;

TO

POLICE TO PRODUCE

REQUIRE A

MATERIALS

ABOLITION OF THE REQUIREMENT FOR CORROBORATION RESPECT OF ACCOMPLICE EVIDENCE;

WARNING IN

SPECIAL SENTENCING PROCEDURE UPON CONVICTION OF IN THE SCHEDULES; AND

AN

OFFENCE

WIDENING OF THE PROVISIONS OF CONFISCATION AND LAUNDERING SO THAT THEY COVER ALL PROCEEDS OF CRIME.

MONEY

THE MEMBER OF OFFENCE.

AN

ORIGINAL WHITE BILL INVOLVED PROVING THAT A PERSON WAS A ORGANISED CRIME GROUP WHEN HE COMMITTED A SPECIFIC

THIS

CONSULTATION

PROVISION WAS CRITICISED DURING THE PUBLIC EXERCISE FOR BEING TOO COMPLEX AND UNFAIR TO THE ACCUSED.

"ORGANISED CRIME** IS SCHEDULED OFFENCE OR

UNDER THE PROPOSED NEW LEGISLATION, DEFINED AS TWO OR MORE PERSONS COMMITTING A INCITING ANOTHER PERSON TO COMMIT A SCHEDULED OFFENCE.

THE SCHEDULES HAVE BEEN RE-DESIGNED TO CONTAIN SERIOUS OFFENCES WHICH MAY OR MAY NOT BE LINKED TO ORGANISED CRIME, SUCH KIDNAPPING, DRUG TRAFFICKING, ROBBERY AND BLACKMAIL.

AS MURDER,

THE DEFINITION OF ORGANISED CRIME, COUPLED WITH THE OFFENCES IN THE SCHEDULES, WILL CAPTURE THE MAJORITY OF SERIOUS OFFENCES COMMITTED BY TRIAD SOCIETIES.

FOR THE PURPOSE OF INVESTIGATION INTO ORGANISED CRIME, THE BILL PROVIDES THAT THE HIGH COURT MAY AUTHORISE THE ATTORNEY

NEW

то REQUIRE A

GENERAL PERSON то ANSWER QUESTIONS OR INFORMATION OR TO PRODUCE MATERIAL.

OTHERWISE FURNISH

IT WILL BE AN OFFENCE TO FAIL TO COMPLY WITH SUCH AN ORDER TO PROVIDE FALSE INFORMATION.

OR

THESE POWERS WILL BE SUBJECT то A NUMBER

SAFEGUARDS,

OF

STATUTORY RESPECT

INCLUDING THAT THE POWERS CAN BE INVOKED ONLY IN OF ORGANISED CRIME INVOLVING THE OFFENCES IN THE FIRST SCHEDULE OF THE BILL,

AND THAT THE POWERS MUST BE AUTHORISED BY A HIGH COURT BEING SATISFIED THAT IT IS IN THE PUBLIC INTEREST TO GRANT

JUDGE

AFTER AUTHORITY.

THE

OF A

THE BILL ALSO PROPOSES THAT WHERE A PERSON IS CONVICTED SPECIFIED OFFENCE, THE COURT WOULD BE EMPOWERED TO MAKE A CONFISCATION ORDER IN RESPECT OF ALL PROCEEDS OF CRIME RECEIVED BY THE CONNECTION WITH THE COMMISSION OF ANY OFFENCE.

PERSON IN

IN ADDITION, A GENERAL MONEY LAUNDERING OFFENCE PROCEEDS OF ALL CRIME IS PROPOSED.

COVERING THE

/THESE PROPOSALS