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Caveat
CONFIDENTIAL
Precedence
IMMEDIATE
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CONFIDENTIAL
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CAVEAT
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TO IMMEDIATE HONG KONG
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5:
TELNO
TELNO
61
OF 150950Z MAY 92
OF
INFO PRIORITY PEKING, UKREPJLG HONG KONG
AND TO
3:
9!
10:
MIPT: BILL OF RIGHTS: REVIEW OF LEGISLATION:
CAMENDMENT) BILL: DETAILED COMMENTS
OLIC
POLICE FORCE
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MAIN
ADDITIONAL
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1. Our departmental Legal Adviser has been guided in the
following comments by the jurisprudence of the European
Convention on Human Rights which has in its Article 5 a
provision similar to Article 9 of the Covenant.
2. None of the provisions of the amendment Bill appear to give
rise to arbitrary arrest or detention, since arrest for
detention would be on the grounds, and in accordance with the
procedure, established by the Bill once it becomes an Ordinance.
3. The new section 54(i) and (ii) should not give rise to
problems. However, much depends on whether the period of
detention is indeed reasonable. We assume the suspect would be
brought before a court if he is charged. Section 54(i) would be
Less open to challenge if the provision were framed so that a
police officer could only detain a person for a reasonable
period during his enquiry in the case that the police officer
HKD
File number
BECADW/SLM
Dept
Authorised for
despatch by:
For COD
Initials
Sait
Comcen reference
Date/time
15/10002.
Catchword:
Drafted by (Block capitals)
DR S D HARKIN
Telephone no
270 3287
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