TNAG-2553-FCO40-3728-Hong-Kong-Bill-of-Rights-review-of-legislation-1992 — Page 140

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considered essential for TCAC investigations at their

covect stage, this section has been continually criticised

as limiting the freedom of the press as it restricts

publication of details of ICAC investigations, even at a

time when such detail may be in the public domain.

section could be challenged as being contrary to section 8,

article 16 of the BOR Ordinance in that it limits freedom

of expression.

The

Freedom of expression includes the freedom

to seek, reccive and impart information of all kinds, and

the difficulty is therefore to strike the correct balance

between the basic right of the community to know what TCAC

is doing, against the need to protect the confidentiality

of ICAC investigations and protect the reputation of the

suspect of investigation, particularly where criminal

proceedings do not follow investigation.

?.

A viable solution is to maintain the present.

secrecy provisions up to the point where a suspect is

arrested. This should protect the investigation from being

compromised by premature disclosure and in most cases

protect the identity and reputation of a suspect when an

investigation results in no arrest or other similar action.

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