Powers conferred by the ordinance
in relation to powers of
investigation, restraining the
disposal of property, search and
seizure, restrictions on
travelling, use of evidence,
reversing the burden of proof,
Ledia in
Prevention of Brike's
Provertion Bir adince
CONFIDENTIAL
se Inconsistencies between Existing Ladslatin
and the Bill of Rights
Nature of Problem
(as at 6 November 1990)
Jegal advice which has been given
364
s.10 - may violate the presumption of innocence [BOR 11(2)} or right to silence [BOR 11(2)(g)] or both.
s.13 & S.14(1) may violate right to privacy and forced labour (BOR 4 and 14].
(a)
(b)
making details of an
investigation public and banning
(c)
-
of persons convicted from certain
5.14A & s.14C
may be contrary to right to privacy [BOR 14].
ap Intments. In particulai
n 10 which makes it an fence for a Crown servant to be in possession of unexplained assets disproportionate to his
(d)
s.16 & s.17 - tor 10N officers to
detain perSONS
1.
necessarily s
certainly arb c 5 and 14].
almost tention [BCR
}
means.
MS Barrett
Mr fifoct
} Lagai
No indication wing
Advisers
we
have received this fax. A
telegram
vay
follow.
BAR.
(e)
s.16(1)(a)
in respect of
HKD 241/1
refusal to as
RECEIV
contrary to BOR 1 an
14 NOV 1990
(£)
IND
(g)
m the
investigation .. an offence may be
s.17A to secure sun ender of
travel documents of someone against
whom there has been mly an
allegation of corruption may be
contrary to provision for freedom of travel [BOR &].
s.20 that evidence provided by accused is admissible in evidence against him may well be contrary to BOR 11.
A
CONCIDENTIMI
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