TNAG-2555-FCO40-3730-Hong-Kong-Bill-of-Rights-Police-Force-(Amendment)-Bill-1992-1992 — Page 23

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG

TELNO 825

CONFIDENTIAL

HKC

2413

OF 201047Z MAY 92

см

INFO ROUTINE PEKING, UKREP JLG HONG KONG

86

025153/

MDLOAN 6108

TOP COPY Q DIST?

p.a.

YOUR TELNO 1337: BILL OF RIGHTS: REVIEW OF LEGISLATION: POLICE FORCE (AMENDMENT) BILL

1. THANK YOU FOR THE CLARIFICATIONS IS TUR WHICH WERE VERY HELPFUL. WE HAVE ONE FURTHER COMMENT.

2. THE LIMITS ON EXCERCISING THE POWER TO DETAIN A PERSON UNDER SECTION 50(7), WHICH ARE SET OUT IN POINTS (1) TO (4) OF TUR, APPEAR TO AVOID POTENTIAL PROBLEMS. BUT POINTS (2) AND (3) MIGHT BE MADE MORE PROOF AGAINST CHALLENGE IF:

HURD

(A) IN THE CASE OF POINT (2), THERE WERE REASONABLE

GROUNDS FOR THINKING THE PERSON HAS AN ITEM IN HIS POSSESSION OR UNDER HIS CONTROL

(B) IN THE CASE OF POINT (3), THERE WERE REASONABLE

GROUNDS FOR THINKING THAT THE PERSON MIGHT

PREJUDICE THE PURPOSE OF THE SEARCH IF HE WERE NOT DETAINED.

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MAIN

56

.HONG KONG AGREEMENT

.(RESTRICTED)

HKD

PUSD

FED//HD

LEGAL ADVISERS//MS BARRETT

AND NS

NS BROOKS

~~~~

DISTRIBUTION

56

NEWS D PLANNERS

RAD

PS/MR GOODLAD

SIR J COLES

MR BURNS

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CONFIDENTIAL