TNAG-2439-FCO40-3544-Hong-Kong-crime-1992 — Page 37

CONFIDENTIAL

XCCI(92)24

PUBLIC CONSULTATION

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There has been no public consultation so far on the revised proposals. We propose, however, that we should now publicise the proposals in general terms while preparation of the necessary draft legislation is under way. The aim would be to obtain general support for the proposals, as effective measures against organised crime fully consistent with the Bill of Rights Ordinance.

PUBLIC REACTION

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Public reaction would probably be mixed. In the light of the recent spate of armed robberies and smuggling activities, many people would support further measures to tackle organised crime. Some would recognise the need for special powers being made available to the police and for the law against organised crime to be made more effective. Others, however, would argue that the law must strike a balance between police powers and human rights. Some of the proposals, including the special investigative powers, the abolition of the requirement for a corroboration warning, and the general provisions for confiscation of the proceeds of crime may be criticized by human rights advocates. The Law Society and the Bar Association, as well as some press commentators might also be concerned about the administration of criminal law.

PUBLICITY

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We propose the following plan

consultation with the Fight Crime Committee and the OMELCO Security Panel; and

(a)

(b)

a press briefing.

It will be made clear that the proposals have been revised to take into account public views received during last year's consultation exercise. There will be further consultation before a decision is taken on the revised proposals. No Legislative Council brief will be issued at this stage.

Executive Council