GOVERMENT HOUSE HONG KONG.
TUE 31 MAR 92 11:56
PG.11
(0)
Annex B
Reasons for Recommendations of
Law Reform Commission to Repeal Section 160(1)
The Lav Reform
Commission
to proposal
enact
and
Sub-Committee's
section 160(1)
(LRC) rejected
the
a replacement provision for recommended repeal of the entire provision.
A summary of reasons for this recommendation is as follows-
Objection in Principle of Section 160 (1)
2.
Section
160 (1)
viewed
criminalises behaviour that is not
in
the terms of
existing
The
necessarily "criminal",
categories of crime (i.e. completed crimes and attempts). Commission regarded it as wrong in principle to characterise as
conduct which fell
criminal
loitering offence
short of an attempt.
The present was also criticised as impinging on the right to silence by requiring a suspect to offer an explanation at the time of apprehension in order to avoid committing the offence.
3.
be
If there is to be a loitering law, the line has to
that conduct
is not
between drawn
unlawful
(innocent
loitering) and behaviour that is unlawful as loitering (but is
nevertheless
crime or an attempt). completed
not
No matter
what concepts are used or what test is applied, this can be an extremely difficult
The difficulties of determining exercise.
"criminal" and "innocent" between line
in
fine practice the
conduct in this context is such that it is better to repeal the
law altogether.
Abuse of the Law
4.
"victimless",
The
Due
the to
fact
the that
it
is
loitering offence is
particularly subject to potential abuse.
situation of the mentally-handicapped and those caught out
No comments yet.
Private notes are available after approval.