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WEDNESDAY, MAY 5, 1993

MOREOVER, THE FREIGHT TRANSPORT STUDY WILL RECOMMEND A STRATEGY FOR ROAD, RAIL AND WATERBORNE TRANSPORT SYSTEMS BEST SUITED то THIE ECONOMY OF HONG KONG.

FINDINGS OF THE STUDY WILL BE AVAILABLE LATER THIS LEUNG ADDED.

YEAR, MR

SPEECH BY ACTING SECRETARY FOR SECURITY KEN WOODHOUSE

AT MOTION DEBATE ON LAW REFORM COMMISSION REPORT

ON ARREST IN LEGISLATIVE COUNCIL

MR PRESIDENT,

I AM GRATEFUL TO HONORABLE MEMBERS FOR THE OPPORTUNITY OFFERED BY THIS DEBATE TO LISTEN TO THEIR CONSTRUCTIVE VIEWS ON THE LAW REFORM COMMISSTON REPORT ON ARREST. I AM HAPPY TO CONFIRM THAT THEY WILL BE FULLY CONSIDERED WHEN A POLICY DECISION IS TAKEN ON THE REPORT.

THE TASK ASSIGNED TO THE LAW REFORM COMMISSION FOUR YEARS AGO WAS DAUNTING; IT WAS ASKED TO EXAMINE THE THEN EXISTING LAW AND PRACTICE GOVERNING THE POWERS AND DUTIES OF THE POLICE, OTHER PUBLIC OFFICERS AND PRIVATE CITIZENS, RELATING TO STOP AND SEARCH, ARREST AND DETENTION. IT WAS SPECIFICALLY ASKED TO CONSIDER WHETHER PROVISIONS IN THE UNITED KINGDOM POLICE AND CRIMINAL EVIDENCE ACT 1984, KNOWN AS PACE, SHOULD BE ADOPTED IN HONG KONG. THE REPORT IS A VERY DETAILED AND COMPREHENSIVE DOCUMENT CONTAINING OVER 60 RECOMMENDATIONS, AND WE ARE GRATEFUL TO MEMBERS OF THE COMMISSION FOR THEIR HARD WORK.

PACE DEFINES THE LIMITS OF POLICE POWERS IN THE UNITED KINGDOM AND SETS OUT PROCEDURAL REQUIREMENTS TO AVOID THE ABUSE OF THESE POWERS. THE LAW REFORM COMMISSION PROPOSES THE ADOPTION

A SUBSTANTIAL NUMBER OF THE PROVISIONS IN PACE, INCLUDING THOSE ON ROAD CHECKS AND DETENTION, SUITABLY MODIFIED TO SUIT HONG KONG'S

CIRCUMSTANCES.

THE RECOMMENDATIONS OF THE LAW REFORM COMMISSION

APPLY

NOT ONLY TO THE POLICE, BUT TO OTHER LAW ENFORCEMENT AGENCIES AS WELL. FOLLOWING PUBLICATION OF THE REPORT, WE SOUGHT INITIAL COMMENTS FROM THE DISCIPLINED SERVICES AFFECTED BY ITS RECOMMENDATIONS; THEIR PRELIMINARY VIEW IS THAT THE RECOMMENDATIONS MAY HAVE A PROFOUND EFFECT ON THE EFFECTIVENESS OF LAW ENFORCEMENT; THEY WILL REQUIRE LEGISLATION AND MAY GIVE RISE ΤΟ SUBSTANTIAL THAT CAREFUL,

WE CONCLUDED,

IMPLICATIONS. CONSIDERATION WAS REQUIRED.

THEREFORE,

CERTAINLY FINANCIAL

DETAILED

/MR PRESIDENT