TNAG-2555-FCO40-3730-Hong-Kong-Bill-of-Rights-Police-Force-(Amendment)-Bill-1992-1992 — Page 46

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VALUE IN THE INVESTIGATION OF ANY OFFENCE COMMITTED OR REASONABLY

SUSPECT TO HAVE BEEN COMMITTED BY THE APPREHENDED PERSON.

4. SECTION 50(7) EMPOWERS THE POLICE, WITH A MAGISTRATE'S WARRANT, TO SEARCH FOR AND TAKE POSSESSION OF ARTICLES UPON REASONABLE SUSPICION THAT SUCH ARTICLES MAY THROW LIGHT ON ANY

PERSON LIABLE TO BE ARRESTED OR AN ASSOCIATE OF SUCH PERSON. THE POLICE CAN ALSO ARREST ANY PERSON WHO MAY APPEAR TO HAVE SUCH ARTICLES IN HIS POSSESSION. WE PROPOSE TO LIMIT SUCH POWER TO SEARCHING FOR ARTICLES THAT ARE LIKELY TO BE OF VALUE IN THE

INVESTIGATION OF AN OFFENCE COMMITTED OR ABOUT TO BE COMMITTED. THE POWER OF ARREST WILL BE LIMITED TO THE TEMPORARY DETENTION FOR THE DURATION OF THE SEARCH OF ANY PERSON WHO MIGHT OTHERWISE PREJUDICE THE PURPOSE OF THE SEARCH (E.G. BY REMOVING EVIDENCE).

5. SECTION 54 EMPOWERS ANY POLICE OFFICER TO STOP AND SEARCH AND IF NECESSARY ARREST AND DETAIN ANY PERSON FOUND IN A PUBLIC

PLACE ACTING IN A SUSPICIOUS MANNER. WE PROPOSE TO DIVIDE THIS SECTION INTO TWO PARTS, NAMELY -

(I)

(II)

IF A POLICE OFFICER FINDS A PERSON IN A PUBLIC PLACE ACTING SUSPICIOUSLY, HE CAN STOP HIM TO DEMAND PROOF OF HIS IDENTITY, DETAIN HIM FOR A REASONABLE PERIOD WHILE THE OFFICER ENQUIRES WHETHER HE IS A SUSPECTED OFFENDER, AND SEARCH HIM IF THE POLICE OFFICER CONSIDERS IT NECESSARY FOR HIS OWN SAFETY:

IF A POLICE OFFICER REASONABLY SUSPECTS A PERSON FOUND IN A PUBLIC PLACE TO HAVE COMMITTED ANY OFFENCE OR BE ABOUT TO COMMIT ONE, THE POLICE OFFICER CAN STOP THE PERSON TO DEMAND PROOF OF HIS IDENTITY, DETAIN HIM FOR A REASONABLE PERIOD WHILE THE OFFICER ENQUIRES WHETHER HE IS A SUSPECTED OFFENDER, AND SEARCH HIM FOR ANYTHING THAT MAY BE OF VALUE IN THE INVESTIGATION OF ANY OFFENCE REASONABLY SUSPECTED TO HAVE BEEN COMMITTED OR ABOUT TO BE COMMITTED BY HIM.

OUR LEGAL ADVISERS ARE REASONABLY CONFIDENT THAT THESE PROPOSAL WOULD WITHSTAND A CHALLENGE UNDER ARTICLE VII OF THE LETTERS PATENT. THE PROPOSALS ARE WITHOUT PREJUDICE TO THE LAW REFORM COMMISSION'S STUDY NOW UNDERWAY ON POLICE POWERS. THIS MAY RECOMMEND OTHER MAJOR CHANGES LATER THIS YEAR, ESPECIALLY IN THE LIGHT OF THE U.K. POLICE AND CRIMINAL EVIDENCE ACT 1984. BOTH THE STUDY AND THE ACT RAISE FAR WIDER ISSUES THAN THE PRESENT

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