XN000022-1995-06-28 — Page 34

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We propose to restrict the statutory powers to enter premises for the purpose of searching for, or seizing, journalistic material. This general restriction applies not only to the Police, but also to all other law enforcement agencies and Government departments.

To ensure that the grounds for entry and search for journalistic material are thoroughly considered and fully justified, the Bill specifies that an officer must apply for a warrant before he can be authorised to exercise such powers. The application has to be approved by a directorate officer before it can be made to a judge of the District Court or the High Court. This ensures that such applications are made and determined at a high level.

The Bill also requires a judge to be satisfied that a number of conditions are met before the warrant can be issued. These conditions are:

that an arrestable offence has been committed;

that the journalistic material to be searched for is likely to be of substantial value to the investigation or relevant to the proceedings for the arrestable offence;

that other methods of obtaining the material may compromise the investigation; and

that it is in the public interest that a search warrant should be granted.

The threshold, or burden of proof, required in the proposed warrant application procedure is substantially higher than in similar provisions in many other ordinances. However, Members should rest assured that the ability of our law enforcement agencies to conduct criminal investigations will not be impaired. The proposals in the Bill also have the support of our law enforcement agencies.

The Bill demonstrates the Government's strong commitment to encourage a free and vigorous press, which is one of the most important aspects of our way of life that makes Hong Kong so successful. It seeks to achieve a balance between the protection of press freedom and the need to maintain law and order. It also meets the Governor's undertaking, given in his 1994 Policy Address, to take action on provisions which impose legal restrictions on press freedom.

Mr President, I beg to move.

End/Wednesday, June 28, 1995