TNAG-2558-FCO40-3733-Hong-Kong-Bill-of-Rights-Crimes-(Amendment)-(No.-2)-Bill-199-1992 — Page 23

GOVERMENT HOUSE HONG KONG.

TUE 31 MAR 92 11:47

PG.02

C

For decision on

/ 7 March 1992

CONFIDENTIAL

@

XCC(92)39 Copy No.

MEMORANDUM FOR EXECUTIVE COUNCIL

Crimes Ordinance (Chapter 200)

CRIMES (AMENDMENT) (NO. 2) BILL 1992 -

LOITERING

THE PROBLEM

The offence of loitering contained in section 160(1) of the Crimes Ordinance is inconsistent with the Bill of Rights Ordinance and would be susceptible to challenge after the current freeze on the latter expires on 8 June 1992.

C

RECOMMENDATION AND ADVICE SOUGHT

2

It is recommended that the Crimes (Amendment)(No. 2) Bill 1992 at Annex C, be introduced into the Legislative Council.

3

Members are requested to advise whether this recommendation should be approved.

BACKGROUND AND ARGUMENT

4

The BOR Ordinance came into operation on 8 June 1991. Six ordinances have been exempted from the operation of the BOR Ordinance for one year to avoid disruption of operations in vital areas in the event of findings by the court that provisions of any of these laws were inconsistent with the BOR Ordinance and, therefore, repealed. The "freeze” period may be extended for another year with the approval of the Legislative Council. The Crimes Ordinance is one of the six Ordinances.