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Arrestable offence - LRC recommends that the threshold for invoking the power of stop, search, arrest and detention should be set at "arrestable offence" to safeguard against possible abuse of powers. The working group is of the view that this will reduce the law enforcement powers because some serious offences carrying 12 months imprisonment or less, for example possession of a simulated bomb, will be left out. The working group therefore suggests "imprisonable offence" as an alternative threshold. In addition, the working group proposes to consider whether any minor offences ought to become "non- imprisonable".
Arrestable offence means an offence for which the sentence is fixed by law or for which a person may be sentenced to imprisonment for a term exceeding 12 months. Imprisonable offence refers to offences that carry imprisonment.
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LRC recommends that detailed
Statutory procedural safeguards procedural safeguards should be built into the law to serve as checks against possible abuse of powers, for example, detailed written record of searches, exact legal authority for stop and search, detailed procedures for detention. While the working group agrees with the underlying principles, it is considered that administrative arrangements would be more effective and flexible in most cases.
"The working group believes that their proposals will provide the law enforcement agencies with the necessary powers to investigate crime but at the same time balance those powers with the safeguards necessary to ensure that they are used properly," the spokesman said.
"The proposals will ensure the proper treatment of persons affected by the exercise of the law enforcement powers, in particular, those involving arrest or detention.
"The public will also be able to better understand their rights and obligations.'
Members of the public and interested parties should send their views on the consultation paper to the Security Branch, Central Government Offices, Lower Albert Road, Hong Kong on or before December 28.
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