TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 106

6.24

53

Disadvantages The defence bar will be strongly against these options as they will view them as a means by which a witness is locked in to a particular version of events. The witness might thus resist cross-examination, whether it be on the basis that he is telling a falsehood or even to the extent that he may be mistaken, because he fears the criminal sanctions of the Crimes Ordinance.

NEW LAWS ENHANCING INVESTIGATIVE POWERS WITH RESPECT TO ORGANISED CRIME ACTIVITY

Introduction

6.25

As described in chapter 2, some triad societies appear well organised, with a degree of central control. In some triad societies, office-bearers are answerable to the leadership, for the activities of their members. Members are involved in a wide range of illegal activities and in some cases new members are carefully vetted before being admitted.

6.26

This section discusses how the United States of America has tackled its problem of organised crime and puts forward options as to how Hong Kong could more effectively tackle the senior figures in triad societies and bring them to justice.

The American response to organised crime

6.27

While the problem of organised crime in the United States is much worse than the problem that afflicts Hong Kong, it is useful to examine the response of their legislators, courts and law enforcement officers, in order to review critically the approach taken here. The usual source of comparison, the United Kingdom, has little problem with organised crime.

6.28

Law enforcement agencies in the United States have found traditional methods of investigation and prosecution of little use against the higher echelons of organised crime. The higher echelons possess the power to intimidate witnesses and are able to distance themselves from the execution of crime. American experience over the last fifty years indentifies several powerful devices that have greatly assisted the prosecutors. These include

(a) the investigatory grand jury;

(b)

the use of accomplices as witnesses;

(c) the creation of "Task Forces" of

investigators and lawyers to

concentrate on suspected individuals and enterprises; and