| Introduction |
| This paper sets out the Administration's
response to questions raised regarding the
proposed emergency investigation powers. |
| Proposed emergency powers |
| 2. |
The proposed section 18B of Crimes Ordinance
provides the police with emergency investigation
powers of entry, search and seizure with
administrative authorization.
|
| 3. |
As explained in the consultation document
and in an earlier paper to the joint meeting
of the Panel on Security and Panel on Administration
of Justice and Legal Services (Ref: CB(2)86/02-03(01)),
emergency powers will be necessary in the
investigation of serious offences relating
to national security. |
| 4. |
At present, emergency investigation powers
are available under a number of ordinances,
such as the Firearms and Ammunition Ordinance,
Crimes Ordinance and Gambling Ordinance.
A comparison of the proposed powers in the
National Security (Legislative Provisions)
Bill with the existing powers is provided
in the table at Annex. |
| 5. |
It should be emphasized that the investigation
power as provided in the Bill is very tightly
defined. In addition, taking into account
the Administration's proposed Committee Stage
Amendments to the Bill on 3 June 2003, the
emergency powers have to be executed in a
manner which is consistent with Chapter III
of the Basic Law. Chapter III of the Basic
Law includes Article 29 which prohibits arbitrary
search of premises, and Article 39 which
enshrines international human rights standards. |
| Exercise of the emergency powers
under existing legislation |
| 6. |
The total number of written authorizations
executed under the Firearms and Ammunition
Ordinance, Crimes Ordinance and Gambling
Ordinance is 1,145 in 2001, and 1,130 in
2002. |
