TNAG-2555-FCO40-3730-Hong-Kong-Bill-of-Rights-Police-Force-(Amendment)-Bill-1992-1992 — Page 24

Hice 241/3 RECEIVED IN REGISTRY

28 MAY 1992 NG

DESK OFFICER

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INDEX

Mr Harkin

HKD

FROM:

Miss S Brooks

Legal Counsellor

cmi

CM DATE:

19 May 1992

BILL OF RIGHTS: REVIEW OF LEGISLATION: POLICE FORCE (AMENDMENT) BILL

1.

Hong Kong telno 1337 clarifies what is meant by the rather obscure explanation in Hong Kong telno 1242, paragraph 4. I suggest you thank the Hong Kong Government for their clarification which is very helpful.

2.

My comments which you may wish to pass on to Hong Kong Government are that the limits on exercising the power to detain a person under section 50 (7) which Hong Kong Government have set out in points (1)-(4) of the telegram appear to avoid potential problems. But perhaps points (2) and (3) might be made more proof against challenge if:

(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.

Shelagh Brock,

AE3AAL

S Brooks