TNAG-2555-FCO40-3730-Hong-Kong-Bill-of-Rights-Police-Force-(Amendment)-Bill-1992-1992 — Page 25

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COMMENT:

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CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1337

OF 182024Z MAY 92

INFO PRIORITY UKREP JLG HONG KONG, PEKING

см

YOUR TELNOS 805 AND 806: BILL OF RIGHTS: REVIEW OF LEGISLATION: POLICE FORCE (AMENDMENT) BILL.

1. WE NOTE YOUR CONCERN ABOUT HE PROPOSED SECTION 50(7) RELATING TO TEMPORARY DETENTION OF A PERSON DURING SEARCH. THE PURPOSE OF THIS PROVISION IS TO AVOID A SITUATION WHERE A PERSON WHO IS IN THE PLACE BEING SEARCHED AND WHO APPEARS TO HAVE A CONNECTION WITH ITEMS THAT ARE THE OBJECT OF THE SEARCH, COULD (UNLESS DETAINED) PREJUDICE OR COMPROMISE THE SEARCH BY, FOR EXAMPLE, REMOVING OR DESTROYING DOCUMENTS ETC. OR ADVISING OTHER PERSONS TO DO SO. THE POWER TO DETAIN IN SUCH CIRCUMSTANCES MAY ONLY BE EXERCISED (1) IF CONFERRED BY A WARRANT: (2) IN RESPECT OF A PERSON WHO APPEARS TO HAVE AN ITEM IN HIS POSSESSION OR UNDER HIS CONTROL: (3) ONLY WHERE IF THE PERSON IS NOT DETAINED THERE IS A RISK THAT HE MIGHT PREJUDICE THE PURPOSE OF THE SEARCH: AND (4) THE DETENTION MAY ONLY BE FOR SUCH PERIOD AS IS REASONABLY REQUIRED TO PERMIT THE SEARCH TO BE CARRIED OUT. WE THINK THESE CONDITIONS ARE SUFFICIENT TO AVOID A DETENTION PURSUANT TO THIS PROVISION BEING ADJUDGED ARBITRARY.

WILSON

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