Legislative Council Panel on Security
Law Reform Commission Report on Arrest
The Law Reform Commission (LRC) was asked in 1988 to examine the rights and duties of the police and other public officers relating to stop, search, arrest and detention. The LRC Report on Arrest (the Report), published in August 1992, recommended our Police and other law enforcement agencies to adopt a number of provisions in the United Kingdom (UK) Police and Criminal Evidence Act 1984 (PACE) which set out detailed procedural requirements and safeguards to avoid the possible abuse of police powers.
2. A Working Group (WG) chaired by Security Branch with representatives from Police, Immigration, Customs & Excise, ICAC and Legal Department, was formed to study the Report. In examining the Report, the WG endeavoured to strike a balance between the need for effective law enforcement and the protection of the rights of individuals.
VIEWS OF THE WORKING GROUP
3. Of the 61 major recommendations in the Report, the WG accepted 30 in full, 21 in principle but with suitable adaptations taking into account existing law enforcement practice and the local situation, and rejected six because they were considered unnecessary, impracticable, and/or would weaken unjustifiably law enforcement capability. The remaining four were not adopted as they were technical amendments consequential to proposals which the WG had rejected. Details of the WGs proposals are at Annex.
4. In addition to this Panel, we will be seeking the views of the Fight Crime Committee, the District Boards, District Fight Crime Committees on the WGs proposals. We will also make available copies of the paper to members of the public through the District Offices. Comments on the WGs proposals could be addressed in writing to Security Branch, Central Government Offices, 6/F, Main Wing, Lower Albert Road, Hong Kong on or before 28 December 1996.
28 October 1996
Last Updated on 21 August 1998