TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 38

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TA:AT PI-II A6,

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CONFIDENTIAL

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6

Legislation

Offences Against te Person Ordinance

Nature of Problem

Criminal offence for homosexual acts between consenting adult males.

Legal advice which has been given

Advice given that existing laws likely t constitute violation of right to privacy. Legislative proposals will go to Legoo in December.

1.

Summary Offences Ordinance

Prohibition on use of megaphone and loudspeakers in public places except with permission of CP.

Possible inconsistency with BOR 16 (freedom of expression). The matter is being considered with the Public Order Ordinance Review.

3.

Police Force Ordina

(a)

(b)

(c)

Detention, stop and search, and arrest, if necessary, without suspicion of offence.

Power of arrest and associated powers too broad for any offence. Police disciplinary procedures may offend BOR 14 in respect of fair trial procedures.

Inappropriate authorisation to check bank accounts.

Waiting for the recommendations of the Law Reform Commission which has been considering police powers with BOR in mind.

Waiting for the recommendations of the Law Reform Commission which has been considering police powers with BOR in mind.

Waiting for the recommendations of the Law Reform Commission which has been considering police powers with BOR in mind.

3

דוד!