TNAG-1733-FCO40-2446-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 108

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In regard to the procedures under section 31(1), it is gratifying that the Administration has now agreed that application to detain a patient for observation should be made by a doctor and countersigned only by a judge or magistrate, and not by a Justice

of the Peace.

The counter-signature by a judge or magistrate I believe is fully justified, in order to ensure that the legal procedures are complied with, bearing in mind the liberty of the subject is at

stake.

Close and cooperative interaction among the police, the medical profession, social workers and the judiciary is of vital importance for the smooth, efficient, and humane enforcement of

this Bill.

In regard to the proposed new section 71B where the words

"who appears to him to be will be substituted by whom he

reasonably believes to be, I would like to stress that so much will depend on the intelligence and experience of the police officer in question when he has to come to grips with a particular situation. Ordinary legislators like myself find it difficult enough to follow the complexities of this piece of legislation, how much more difficult it will be for the regular policeman on the beat! I would urge the Commissioner of Police to address this matter with the greatest of care and attention.

Since the Administration has advised the Ad Hoc group le. that the Police will not employ the power under section 71B more

often than is necessary, perhaps the Commissioner of Police can consider if it would be practical to have on call at strategic points in the territory a number of police officers who, in addition to their normal duties, would have had special orientation in the enforcement of this Bill. Providing time permitted, a beat policeman in case of necessity could call upon such trained officers to swiftly give support or assistance on-the-spot.

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