TNAG-2553-FCO40-3728-Hong-Kong-Bill-of-Rights-review-of-legislation-1992 — Page 142

CONFIDENTIAL

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detain up to a maximum of three hours, any person found in

the premises or place until a search has been completed.

As explained in carlier paragraphs this provision may be

subject to challenge for allowing arbitrary detention and

arbitrary interference with the privacy of a person,

contrary to section 8, articles 5 and 14 of the BOR

Ordinance. Partial delction of the section is necessary

and clause 2 provides for the amendment.

Power of the Commissioner to require any person to provide

information

12.

Section 13 sub-section (1) (c) of the ordinance

gives power to the Commissioner to require any person to

provide any information which the Commissioner considers

necessary. This sub-section could be challenged on the

grounds of arbitrary interference with privacy and even

forced labour, contrary to section 8, articles 14 and 4 of

Clause 3 provides for the repeal of the

the BOR Ordinance.

sub-section.

CONFIDENTIAL