TNAG-1364-FCO40-1810-Hong-Kong-Hansard-reports-and-minutes-of-the-meetings-of-the-1986 — Page 70

•

4

8.

Accordingly, applying Mr. Peter C. Fong's criteria, the

loitering provisions strike a fair and equitable balance between the

public interest in preventing crime, and the right of innocent

individuals not to be unduly harassed in the process of law

enforcement.

9.

However, four weeks ago, the Court of Appeal, by a

majority decision, interpreted one of the loitering provisions in a

manner that appears to reduce the effectiveness of these provisions

in preventing crime and will lead to changes in police procedures.

The strong dissenting opinion described the Court's decision as

having the effect of making the provision "an empty shell". In view

of the conflict of judicial opinion, the Crown has decided to apply

for leave to appeal to the Privy Council. That application will be

heard on 19 December next.

****

.!