XN000022-1996-10-28 — Page 3

Daily Information Bulletin 新聞公報 All

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Powers of entry, search and seizure Warrants for entry and search for evidence may only be issued by the proper authority and on reasonable grounds. Certain categories of material should be subject to special safeguards. Warrantless entry and search should be allowed only under certain prescribed conditions;

Powers of arrests - The power of arrest without warrant may only be exercised upon reasonable grounds. The person arrested should be informed of his arrest and the grounds for it. The arrested person may be searched subject to certain conditions;

Detention - There should be greater certainty on length of detention with review of the need for longer periods of detention. Safeguards against arbitrary detention should be introduced and a person should be immediately released if the grounds for detention cease to apply;

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Treatment of detainees Arrested persons should have the right to inform a friend/relative or consult a lawyer without any unnecessary delay. Special safeguards should apply to children and young persons under detention. Detention facilities should be improved where

appropriate; and

Taking of intimate and non-intimate samples - Intimate samples should be taken from a detainee only with consent and normally with prior judicial authorisation. Non-intimate samples should be taken with written consent or without consent under certain conditions.

The key principles of the Report which were not accepted include:

Codification of laws under an omnibus bill LRC recommends that the existing legal provisions and codes of practice of law enforcement agencies should be codified under an omnibus bill. The working group considers this mammoth exercise unnecessary. Also codes of practices will need to be updated or amended frequently in the light of operational experience. Such regular amendments should best be dealt with administratively.

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