XN000022-1992-07-15 — Page 28

WEDNESDAY, JULY 15, 1992

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PUBLIC ORDER ORDINANCE UNDER REVIEW

THE PROVISIONS OF THE BILL OF RIGHTS ORDINANCE WILL BE TAKEN INTO ACCOUNT IN THE CURRENT REVIEW OF THE PUBLIC ORDER ORDINANCE.

THIS WAS STATED BY THE SECRETARY FOR SECURITY, MR ALISTAIR ASPREY, IN A WRITTEN REPLY TO A QUESTION BY THE HON ERIC LI IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MR LI ASKED WHETHER CERTAIN REQUIREMENTS OF THE PUBLIC ORDER ORDINANCE CONFLICTED WITH THE PROVISION IN THE BILL OF RIGHTS ORDINANCE WHICH SAFEGUARDED RESIDENTS' RIGHT OF PEACEFUL ASSEMBLY.

MR ASPREY SAID THE GOVERNMENT HAD NOT YET COME TO ANY CONCLUSIONS.

"WHETHER A PARTICULAR PROVISION IN A LAW CONTRAVENES THE BILL RIGHTS ORDINANCE IS ULTIMATELY A MATTER FOR THE COURTS ΤΟ DETERMINE, HE SAID.

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LIMITED STATISTICS ON JUMPING BAIL AVAILABLE

IT IS NOT POSSIBLE TO REACH ANY FIRM CONCLUSIONS AS TO WHAT EFFECT, IF ANY, THE BILL OF RIGHTS HAS ON THE GRANTING OF BAIL OR ON THE NUMBER OF PERSONS JUMPING BAIL FROM THE LIMITED STATISTICS AVAILABLE.

THIS WAS STATED BY THE SECRETARY FOR SECURITY, MR ALISTAIR ASPREY, IN A WRITTEN REPLY TO A QUESTION RAISED BY DR THE HON CONRAD LAM IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

THE BILL OF RIGHTS ORDINANCE WAS ENACTED ON JUNE 8 LAST YEAR.

ARTICLE 5(3) OF THE ORDINANCE ENSHRINES IN LEGISLATIVE FORM WHAT HAS ALWAYS BEEN THE GENERAL PRINCIPLE IN GRANTING BAIL, THAT IS THAT SINCE ACCUSED PERSONS ARE TO BE PRESUMED INNOCENT UNTIL PROVED GUILTY, THEY SHOULD BE RELEASED PENDING TRIAL, SUBJECT TO APPROPRIATE CONDITIONS, UNLESS THERE ARE VALID REASONS FOR NOT DOING SO.

MR ASPREY ADDED THAT THE GOVERNMENT DID NOT HAVE READILY AVAILABLE STATISTICS ON THE NUMBER OF DEFENDANTS WHO HAVE JUMPED BAIL AT DIFFERENT STAGES OF THE PROSECUTION PROCESS IN EACH OF THE PAST FIVE YEARS.

RECORDS,

"SUCH STATISTICS COULD ONLY BE PRODUCED THROUGH A VERY LABORIOUS AND TIME-CONSUMING RETRIEVAL OF INDIVIDUAL CASE HE SAID

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