TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 150

CCPR/C/58/Add.6 page 118

34. In December 1988, the United Kingdom ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Hong Kong Government announced at that time that the Convention would be applied to Hong Kong once the necessary legislation was in place. The drafting of this new legislation is now at an advanced stage, and the Hong Kong Government aims to be in a position to have the Convention applied to Hong Kong by early 1990.

Article 9

35. The laws and regulations covering powers of arrest and detention in Hong Kong were described in full in the second report, paragraphs 25-44 (CCPR/C.32/Add. 14, annex). The powers of stop, search, seizure, arrest and detention are currently under review by the Law Reform Commission. Its report is expected in 1990. The law on loitering is also the subject of review by the Law Reform Commission, and its report on this should be ready by the end of 1989.

36. In the discussion of the United Kingdom's second report, a question was raised in connection with article 14 concerning preventive detention in Hong Kong, to which an interim reply was given (see CCPR/C/SR.857, paras. 11 and 12). Further information was promised. As stated by the United Kingdom representative, there is no such practice as preventive detention in Hong Kong. All persons arrested by the police are to be released, discharged on bail or brought before a magistrate as soon as practicable and not later than 48 hours after their arrest. In special cases, where within 48 hours of a person's apprehension a warrant for his arrest and detention under any law relating to deportation is applied for, the person may be detained for a period not exceeding 72 hours from the time of such apprehension, to allow time for the application to be processed.

37. In 1988, a total of 64,218 persons were arrested by the police for a criminal offence, of whom 22,624, i.e. 35.2 per cent were released without charge. The great majority of the released persons had been detained for only a few hours, as was necessary for questioning.

38. In 1988, a total of 26 complaints were received alleging wrongful arrest. All these complaints were investigated by the Complaints Against the Police Office (CAPO), and the investigations were monitored by the Police Complaints Committee. The investigations have been concluded and two cases. were substantiated.

39. Under section 26 of the Immigration Ordinance, cap. 115, any member of the Immigration Service of or above the rank of Chief Immigration Officer may detain a person for inquiry for not more than 48 hours, or for not more than a further five days under the authority of an officer of or above the rank of Principal Immigration Officer. The power conferred on the immigration officers is specific and can be exercised only in the circumstances stipulated in the same section of the Ordinance, that is:

(a) That inquiry for the purposes of the Ordinance, other than the

provisions relating to deportation, is necessary in the case of any person; and

(b) That such person may abscond if he is not so detained.

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