TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 100

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Chapter 6 - Options for changes in the law

which might affect areas in which the triads operate

INTRODUCTION

6.1

Chapter 5 dealt with options for changes to the law which would directly attack gang and triad members. This chapter deals with options for changes in the laws dealing with attendance at identification parades, with the protection of evidence and with the types of crimes triads are typically involved in. The areas covered deal with

-

(a) the attendance of suspects of

identification parades;

(b)

the protection of evidence given by witnesses from interference or

(c)

(a)

tampering;

new laws enhancing investigative powers with respect to organised crime activity;

laws to prosecute organised crime, based on the American "Racketeer Influenced and Corrupt Organisations" Statute;

(e) changes in the laws governing illegal

gambling;

(f)

changes in the laws governing vice and vice associated nuisances; and

(g) changes to the law governing drug

trafficking.

THE ATTENDANCE OF SUSPECTS AT IDENTIFICATION PARADES

Problem

6.2

Identification parade procedures were discussed in detail in paragraph 4.8 to 4.14 of chapter 4. The current law does not require a suspect to attend an identification parade.

Attendance is voluntary. The fact that most suspects do attend is possibly due to two facts

-

(a) the system is known and accepted to be

fair; and

(b)

the accused may, if he refuses, be liable to face a confrontation

identification.