TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 34

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CONFIDENTIAL

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KILAC Ordinance

Nature of Problem

Powers conferred by the Ordinance upon operational staff of ICAC in relation to search, seizure and detention. Also power to require any person to provide information necessary for the Camissioner to perform his functions.

Legal advice which has been given

h) ss.21, 24, 25, 26, 30, 33 and 33A

may not be consistent with the BOR in that they may be inconsistent with right to due process (BCR 11) (ss21 26) and freedom of expression (s.30) [BCR 16] and right of access to public life (ss 30, 33, 33A) [BOR 21].

1

(a) s.10(3)(b) permits searches

without judicial warrant for offences which, if investigated by police, warrant would be required (BOR. 11 and 22).

(b) s.10c permits search without

warrant and detention of persons who are not suspects (FOR 14 and 5).

(c) s.13(1)(c) - permits commissioner

to require any person to supply hit with any information (BOR 14).

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