TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 136

Annex B (Page 2)

Police supervision scheme

4

There were mixed views on this option.

Those supporting it felt that it would have a strong

deterrent effect and could effectively control triad

activities. Members expressing reservations were

concerned that personal freedom and human rights

would be jeopardised and that the Police might abuse their power in enforcing the scheme. They were also concerned that the "branding" effect on triad offenders would encourage continued alienation from society. Members made the following suggestions in

connexion with this option

(a)

(b)

(c)

rehabilitation should be provided so

that triad offenders are helped to

start a new life;

if the scheme is to be implemented

successfully, the Police should work together with Social Welfare Department, Correctional Services Department and others;

the scheme should not be imposed upon application by the prosecution and

should be imposed, not after

sentencing, but as a part of the

sentence;

(d) the special form of caution should not

be introduced as it put the onus on the suspect to explain himself; and

(e) clear guidelines should be issued to

police officers so that abuse or misuse of power could be avoided.