TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 120

6.81

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The American experience has demonstrated that the RICO Statute can be employed with success against "white collar" crime as well as organised crime. The Americans appear to recognise it as a powerful weapon in the prosecutor and law-enforcer's arsenal. It has been adopted not only in the US Federal context, but also by many individual states. Canada, both at provincial and national level, is considering its introduction. Australia is considering its introduction at a Federal level following recommendations of the Costigan Royal Commission.

6.82 A suitably adapted RICO Statute would be capable of use against Hong Kong triad and organised crime. It would enable prosecutors to present a fuller picture of the unlawful activities of members of triad or organised crime groups. The evidence which could be presented is wider in its ambit, simply because what would be relevant in proving a RICO offence would be wider. Finally, it can be seen that what is penalised is the racketeering or organised crime itself.

6.83

The statute would only catch persons engaged in illegal acts in organised crime. It would not catch the sporadic or individual violator. The traditional rules of practice and procedure would apply to such a person. Thus in this context, the RICO Statute builds in its own safeguards.

6.84

The RICO Statute also provides powerful tools in relation to forfeiture of profits derived from organised crime activities. In addition, it provides civil remedies to individuals who suffer harm from such activities. The civil remedies are also vested in the Attorney General. Those are not strictly relevant to the issues canvassed in this paper. But if an adaptation of RICO is deserved, in the criminal sphere, it may be appropriate to consider creating the co-ordinate RICO civil remedies.

Option

6.85 The option is to consider whether to pursue detailed study of the introduction of laws of a similar nature to the RICO Statute of the United States of America. Clearly, the RICO Statute is a highly complex and powerful piece of legislation. Insufficient detailed study of the statute has as yet taken place in Hong Kong. It may be considered appropriate for there to be further study of the RICO Statute and the possible adaption of it for use in Hong Kong.

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