TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 121

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Advantages and disadvantages

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The general advantages of such legislation have been set out in the preceding descriptive passages. It has been proven in the USA that this type of legislation is an effective weapon against organised crime. In short, it works.

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The fundamental advantage is that, where persons are engaged in an organised criminal enterprise, a law on the lines of the RICO Statute would allow the prosecution to present the full picture of the persons' criminality. Where there was evidence of a link between criminal offences, the courts would no longer be prevented, by current rules of practice and procedure, from being given the full picture. It should be noted that the rules of evidence and the burden of proof are not themselves changed by this kind of legislation. What is enhanced is a person's criminal liability to participating in organised crime.

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A further notable advantge is that a law of this nature would provide a powerful deterrent against engaging in organised crime.

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6.90

(a)

(b)

(c)

(a)

The practical disadvantages are

the United States' experience demonstrated that it may take

considerable time for the Police and Judiciary to become familiar with the legislation;

because it represents a radical

departure from the current law relating to conspiracy, courts may take some time to become familiar with its application, use and implications;

prosecutions using such a law could lead to lengthy trials of a multitude of defendants; and

the legislation might not work without enhanced investigation of the kind described in this paper.

There are also more basic objections to this kind of legislation. It would sweep away established rules of practice and procedure in certain types of cases. There is a risk that juries may, by seeing the nature and the extent of the allegations, be prejudiced against the accused in a way which the present rules would not allow.