CONFIDENTIAL
HKC 241/3
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE F C O
TELNO 1242
OF 07104OZ MAY 92
INFO PRIORITY PEKING, UKREP JLG HONG KONG
см
TOP COPY Q DIST?
165035
MDHIAN 3053
BILL OF RIGHTS: REVIEW OF LEGISLATION:
BILL
SUMMARY
POLICE FORCE (AMENDMENT)
THE POLICE FORCE ORDINANCE (THE ORDINANCE) IS ONE OF THE SIX ORDINANCES SUBJECT TO THE FREEZE PERIOD OF THE BOR ORDINANCE. WE DO NOT CONSIDER IT NECESSARY TO BRIEF THE CHINESE ABOUT OUR PROPOSALS TO AMEND THE ORDINANCE TO MAKE IT COMPATIBLE WITH THE
BOR.
DETAILS
THE ORDINANCE PROVIDES FOR THE CONSTITUTION, DUTIES AND POWERS OF THE POLICE FORCE. THERE ARE PROVISIONS IN THE ORDINANCE WHICH AT PRESENT EMPOWER POLICE OFFICERS TO STOP, SEARCH, DETAIN OR ARREST PERSONS IN SITUATIONS WHERE THE POLICE OFFICER CAN
EXERCISE HIS DISCRETION WITHOUT HAVING TO SATISFY OBJECTIVE CRITERIA. THIS LACK OF OBJECTIVE CRITERIA FOR THE EXERCISE OF SUCH POWERS IS CONSIDERED TO RENDER THEM ARBITRARY AND INTRUSIVE TO THE PRIVACY OF INDIVIDUALS GUARANTEED BY ARTICLE 14 OF THE
BOR ORDINANCE. THE PROVISIONS WHICH ARE LIKELY TO CAUSE PROBLEMS
AND OUR PROPOSALS TO AMEND THEM ARE SET OUT BELOW.
2.
SECTION 50(1) EMPOWERS ANY POLICE OFFICER TO ARREST WITHOUT WARRANT ANY PERSON WHO MAY BE CHARGED WITH OR WHOM THE POLICE REASONABLY SUSPECT OF HAVING COMMITTED ANY OFFENCE, NO MATTER HOW TRIVIAL IT IS. WE PROPOSE TO LIMIT THIS POWER OF ARREST TO OFFENCES PUNISHABLE WITH IMPRISONMENT AND TO CASES WHERE THE POLICE REASONABLY SUSPECT THAT SERVICE OF A SUMMONS WOULD BE
IMPRACTICABLE.
3=
SECTION 50(6) EMPOWERS THE POLICE TO SEARCH AN APPREHENDED PERSON FOR ARTICLES WHICH MAY REASONABLY BE SUSPECTED OF THROWING LIGHT ON THE PERSON OR HIS ASSOCIATE. WE PROPOSE TO RESTRICT SUCH POWERS TO THINGS THAT THE POLICE REASONABLY SUSPECT TO BE OF
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