XN000022-1995-07-28 — Page 67

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The purpose of the Bill is to provide additional protection to press freedom by making existing powers of entry and search or seizure. when exercised in relation to journalistic material, subject to special requirements. The Bill demonstrates the Government's strong commitment to encourage a free and vigorous press. It strikes a good balance between the protection of press freedom and the need for effective law enforcement. And it meets the Governor's undertaking in his 1994 Policy Address to take action on provisions which infringe on press freedom.

We accepted almost all the suggestions of the Bills Committee to improve the Bill. We have also taken into account the comments and representations of the Hong Kong Journalists Association and the Foreign Correspondents' Club, Hong Kong. The provisions in the Bill, together with the Committee stage amendments that I will move later, provide for a three-tier approach to tackle the issue of access to journalistic material by law enforcement agencies:

Tier One: production order, inter partes hearing

Tier One deals with all general cases. An officer may apply to a District Court or High Court judge for a production order, requiring the person who possesses the journalistic material to produce it or to give the officer access to it. An application for the order shall be made inter partes, i.e, with both sides present. The officer has to satisfy the judge that a number of conditions are met before an order can be made. These conditionts include, inter alia, that the material is likely to be of substantial value to the investigation of an arrestable offence, and that it is in the public interest to grant the order, having regard to the likely benefit to the investigation, and the circumstances under which the journalistic material is held. such as whether it is given in confidence. It is an offence for not complying with a production order, or for destroying or altering the material after a notice of an application has been served.

Tier Two: warrant application, seize and seal

Tier Two provides that an officer may make an ex parte application to a District Court or a High Court judge for a warrant authorising him to enter premises and to search for or seize journalistic material. Such application shall not be made unless it has been approved personally by a directorate disciplined officer. This is to ensure that the decisions are made at a high level and that the grounds for resorting to this course of action are thoroughly considered and fully justified. The applicant will have to satisfy the judge: