XN000022-1992-09-01 — Page 8

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TUESDAY, SEPTEMBER 1, 1992

BILL TO HELP FIGHT AGAINST ORGANISED CRIMES

THE ORGANISED AND SERIOUS CRIMES BILL WILL GREATLY ASSIST THE POLICE IN FIGHTING ORGANISED CRIMES ALTHOUGH IT WILL NOT BE A PANACEA THAT WILL SOLVE ALL PROBLEMS ASSOCIATED WITH THIS INSIDIOUS THREAT TO THE COMMUNITY, THE ACTING SECRETARY FOR SECURITY, MR IAN STRACHAN, SAID TODAY (TUESDAY).

SPEAKING AT A LUNCHEON MEETING, MR STRACHAN SAID EXISTING LEGISLATION WAS NOT ADEQUATE TO TACKLE EFFECTIVELY THE PROBLEMS ORGANISED CRIME IN HONG KONG.

OF

"IT DOES NOT GIVE THE POLICE THE NECESSARY POWERS OF INVESTIGATION, NOR DOES IT EMPOWER THE AUTHORITIES TO CONFISCATE THE PROCEEDS OF CRIME, NOR DOES IT MAKE IT AN OFFENCE ΤΟ LAUNDER THE PROCEEDS OF CRIME," HE EXPLAINED.

AND

HE SAID ONE OF THE MAJOR CHANGES PROPOSED IN THE ORGANISED SERIOUS CRIMES BILL, WHICH WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL IN JULY THIS YEAR, WAS TO PROVIDE THE POLICE WITH GREATER POWERS IN THEIR INVESTIGATION OF ORGANISED CRIME.

"THE BILL WILL EMPOWER THE POLICE TO REQUIRE PERSONS HAVING INFORMATION RELEVANT TO AN INVESTIGATION TO ANSWER QUESTIONS AND THOSE IN POSSESSION OR CONTROL OF MATERIAL RELEVANT TO AN INVESTIGATION TO PRODUCE IT, HE SAID.

HE SAID THESE WERE WIDE POWERS BUT THEY A NUMBER OF SAFEGUARDS BUILT INTO THE BILL.

WERE SUBJECT TO

THESE POWERS COULD BE INVOKED ONLY IN RESPECT OF THE RESTRICTED LIST OF OFFENCES SPECIFIED IN THE BILL.

TO

MOREOVER, APPLICATION FOR THE USE OF SUCH POWERS WOULD HAVE BE MADE BY THE ATTORNEY GENERAL AND AUTHORISED BY A HIGH COURT JUDGE.

MR STRACHAN SAID THE POLICE WOULD BE REVIEWING THEIR ARRANGEMENTS FOR WITNESS PROTECTION SO THAT PERSONS REQUIRED TO PROVIDE INFORMATION RELATING TO ORGANISED CRIME COULD FEEL CONFIDENT THAT THEY WOULD BE PROTECTED FROM REPRISAL.

TURNING TO THE PROPOSAL FOR HEAVIER PENALTIES FOR THOSE WHO WERE INVOLVED IN ORGANISED CRIME, HE SAID WHERE A PERSON HAD BEEN CONVICTED OF OFFENCES SPECIFIED IN THE BILL, THE PROSECUTION WOULD BR ENTITLED TO PROVIDE THE COURT WITH INFORMATION ON THE RELATIONSHIP THE OFFENCE TO ORGANISED CRIME, ITS IMPACT ON VICTIMS AND FINANCIAL BENEFITS.

"AFTER CONSIDERING THE INFORMATION SUPPLIED, IF THE SATISFIED THAT IT WOULD BE APPROPRIATE TO IMPOSE A HEAVIER THAN WOULD OTHERWISE BE THE CASE, IT MAY IMPOSE SUCH A PROVIDED IT DOES NOT EXCEED THE STATUTORY MAXIMUM, HE ADDED.

TE

OF

ITS

COURT IS SENTENCE SENTENCE,

/TO ATTACK