XN000022-1994-05-04 — Page 31

WEDNESDAY, MAY 4, 1994

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DETENTION ORDER IS

HOWEVER, AN APPLICATION TO COURT FOR A NEEDED IF THE ENQUIRIES HAVE NOT BEEN COMPLETED WITHIN THE 28-DAY PERIOD, OR IF THE WITNESS HAS NOT YET GIVEN OR COMPLETED HIS AND HIS PRESENCE IS STILL REQUIRED.

"THE ATTENDS THE APPLICATION.

ASPREY SAID.

EVIDENCE

DETAINER IS GIVEN ADVANCE NOTICE OF THE APPLICATION; HE HEARING AND IS GIVEN THE OPPORTUNITY TO BE HEARD ON EACH MR OCCASIONALLY, THE DETAINEE IS LEGALLY REPRESENTED,

THERE ARE NO REQUIREMENTS TO EXPLAIN TO A DETAINEE HIS LEGAL POSITION AND/OR TO INFORM HIM ABOUT THE AVAILABILITY OF LEGAL ADVICE AND ASSISTANCE, NOR IS HE INFORMED OF THIS WHEN APPLICATIONS FOR DETENTION ARE MADE.

THERE ARE PROVISIONS UNDER THE CRIMINAL PROCEDURE ORDINANCE FOR THE ADMISSION OF WRITTEN STATEMENTS IN LIEU OF ORAL EVIDENCE,

HOWEVER, OBJECTIONS CAN BE MADE TO THESE WRITTEN STATEMENTS ANY OF THE PARTIES CONCERNED, INCLUDING THE DEFENDANT.

"NEVERTHELESS, IF THE DEFENDANT AGREES TO STATEMENT, THEN THE WITNESS WILL NO LONGER BE DETAINED RELEASED AND REMOVED,' MR ASPREY SAID.

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BY

THE WRITTEN AND CAN BE

RECOGNISANCE IS AN ALTERNATIVE TO DETENTION. IN DECIDING WHETHER TO GRANT RECOGNISANCE OR NOT, THE MOST SIGNIFICANT FACTOR TO BE CONSIDERED IS THE LIKELIHOOD OF THE WITNESS ABSCONDING.

THOSE WITH CLOSE RELATIVES IN HONG KONG, SUCH AS WIVES AND CHILDREN, WERE USUALLY RELEASED ON RECOGNIZANCE, HE ADDED.

FOR CASES INVOLVING IMMIGRATION OFFENCES, A TOTAL OF NINE PERSONS WERE DETAINED IN ORDER TO GIVE EVIDENCE IN FIVE CASES.

MR ASPREY SAID OF THESE NINE PERSONS, FIVE WERE ALSO CHARGED WITH RELATED OFFENCES WHILE FOUR WERE GRANTED IMMUNITY.

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SAFETY OF HOLIDAY BUNGALOWS REGULATED BY LAW

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THE FIRE SAFETY OF HOLIDAY BUNGALOWS IS REGULATED BY THE AND GUESTHOUSE ACCOMMODATION ORDINANCE, THE

FOR SECRETARY AFFAIRS, MR MICHAEL SUEN, TOLD THE LEGISLATIVE COUNCIL {WEDNESDAY).

HOTEL

HOME

TODAY

CHAN

WERE

IN A WRITTEN REPLY то A QUESTION BY THE HON ALBERT WAI-YIP, MR SUEN SAID ALTHOUGH BARBECUE ACTIVITIES IN OPEN AREAS NOT CLASSIFIED AS "FIRE HAZARDS", THE POLICE MIGHT TAKE ACTION IF THEY CAUSED OBSTRUCTION OR ENDANGERED PEOPLE IN A PUBLIC PLACE.

PROSECUTION MIGHT ALSO BE INITIATED AGAINST BARBECUE ACTIVITIES ON PAVEMENTS PURSUANT TO THE PUBLIC CLEANSING AND PREVENTION OF NUISANCES (REGIONAL COUNCIL) BY-LAWS IF SUCH ACTIVITIES LED TO LITTERING IN PUBLIC PLACES, HE ADDED.

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