XN000022-1994-11-09 — Page 56

REPLY:

MR PRESIDENT,

I

36

WEDNESDAY, NOVEMBER 9,

1994

I AM CONFINING THIS REPLY TO THE POLICE AND THE ICAC. LAW ENFORCEMENT AGENCIES HAVE THE RIGHT TO ENTER RESIDENTIAL UNITS CERTAIN CIRCUMSTANCES, BUT THE POWER IS SELDOM USED, EXCEPT POLICE AND THE ICAC.

SEVERAL IN

BY THE

(A) NO

WHERE STATISTICS ARE AVAILABLE OF THE NUMBER OF CASES THE POLICE HAVE ENTERED RESIDENTIAL PREMISES BY MISTAKE IN THE PAST THREE YEARS; BUT THE NUMBER OF CASES IS BELIEVED TO BE VERY SMALL. THE ICAC HAS HAD FIVE SUCH CASES,

(B)

(C)

BY

MISTAKE

WHEN

CRIME,

THE

MAY OCCUR ENTRY

INVESTIGATING BECAUSE OF ERRONEOUS INFORMATION, SUCH AS BEING GIVEN WRONG ADDRESS. THE POLICE AND ICAC OFFICERS ARE EMPOWERED OF THEIR TO ENTER PRIVATE PREMISES FOR THE DISCHARGE STATUTORY DUTIES, UNDER WARRANTS ISSUED BY MAGISTRATES COURTS, OR WITH THE CONSENT OF THE RESIDENTS, OR UNDER THE AUTHORITY OF PARTICULAR ORDINANCES, SUCH AS THE PREVENTION OF BRIBERY ORDINANCE.

APOLOGIES ARE GIVEN BY THE POLICE OR ICAC TO THE RESIDENTS CONCERNED, IF THEY HAVE ENTERED PREMISES BY MISTAKE. COMPENSATION MAY BE OFFERED, DEPENDING ON WHETHER GOVERNMENT IS LEGALLY LIABLE FOR ANY PERSONAL INJURIES DAMAGE TO PROPERTY. COMPENSATION WAS PAID IN 16 CASES THE PAST

TO PRIVATE THREE YEARS FOR DAMAGE ARISING FROM POLICE OPERATIONS.

THE

OR

IN

PROPERTY

BY

INTO PRIVATE ANY ALLEGATION COMPLAINTS THE

CHANNELS OF COMPLAINTS ARE AVAILABLE FOR PERSONS AGGRIEVED THE CONDUCT OF THE POLICE OR ICAC IN RESPECT OF ENTRY RESIDENTIAL PREMISES. IN THE CASE OF THE POLICE FORCE, OF MISCONDUCT OR NEGLECT OF DUTY MAY BE DIRECTED TO AGAINST POLICE OFFICE OR TO THE APPROPRIATE DISTRICT THE CASE OF ICAC, COMPLAINTS CAN BE DIRECTED TO THE COMMITTEE.

COMMANDER. IN

ICAC COMPLAINTS

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