PLC Paper No. CB(2) 892(01)

Provisional Legislative Council
Panel on Security

List of outstanding issues for discussion
(as at 19.1.1998)

A. Items proposed by members

1. Follow-up on protection of safety of civil servants against violence in the course of their duty

Proposed by the Chairman on 18 September 1997. The subject of personal safety of civil servants while on duty, arising from the assault cases of Land Executives, was discussed by the Public Service Panel at its meeting on 22 September 1997 to which members of the Security Panel were invited.

Members to decide whether it is necessary to follow-up on the issue.

2. Overseas applications for visas to Hong Kong and entry visa for Taiwan visitors

Proposed by Hon Howard YOUNG on 16 October 1997. Mr YOUNG considers that the Administration should relax its policy governing overseas applications for visas to Hong Kong and entry visa for Taiwan visitors.

3. Frontier Closed Area and Frontier Permit

Proposed by Hon CHEUNG Hon-chung and the Chairman respectively on 16 October 1997. Mr CHEUNG considers that in view of the limited land resources in Hong Kong, the Administration should review its policy to see if it should continue to use the Frontier Closed Area as a buffer zone to operate against illegal immigration.

Members agreed at the Panel meeting on 18 December 1997 to discuss this item in February 1998 after visiting the Frontier Closed Area in early 1998.

4. Domestic violence cases

Proposed by the Chairman on 16 October and 15 December 1997. She is concerned about the upward trend of domestic violence cases resulting in the death/injury of spouses and children. She proposes to discuss the Administration's handling of wife battering and child abuse cases and the penalty for committing such offences.

5. Protection of witness

Proposed by the Chairman on 17 November 1997. She proposes to discuss the arrangement of progress of protection of witness with specific regard to :

  1. Identification procedure and anonymity of witness to those being identified.

  2. Successful applicants of witness protection programme, and percentage of acceptance and appeal.

6. Handling cases of minor offences by the Police

Proposed by Mr KAN Fook-yee on 6 December 1997. A copy of his letter to the Chairman is in Annex.

Members agreed at the Panel meeting on 18 December 1997 to discuss this item in February 1998.

7. Application for right of abode from Hong Kong permanent residents’ adult children in the Mainland

Proposed by the Chairman on 15 December 1997. She proposes to discuss the formalities involved in the application for right of abode from Hong Kong permanent residents’ adult children in the Mainland.

B. Items proposed by the Administration

Timing
1. Progress report on implementation of Working Group's Proposals on Law Reform Commission Report on Arrest

Feb 1998
2. Proposal for procuring helicopters to replace the existing helicopter fleet of Government Flying Service

Feb 1998
3. Follow-up to issues of Vietnamese Refugees/Vietnamese Migrants/Vietnamese Illegal Immigrants Mar 1998

Provisional Legislative Council Secretariat
19 January 1998

Annex

(Translation)

6 December 1997


Hon Mrs Selina CHOW
Chairman
Panel on Security

Dear Mrs CHOW,


There are a number of press reports concerning suspected "framed-up" cases involving police officers which happened in the past two years. Besides, there are also some recent cases in which people charged with offences claimed that they had been framed. In some extreme cases, the "suspects" even chose to protest their innocence by committing suicide. In view of this, I suggest setting up a subcommittee under the Panel on Security to look into the following issues:

  1. The procedures for bringing prosecution in respect of cases of minor offences (such as indecent assault, assault and traffic offences, etc.). To clarify police officers of which ranks are responsible for undertaking the duties involved in the process of bringing charges against the suspects, such as the taking of evidence, the filing of charges and the bringing of prosecution. The issue of whether the police officers are under the supervision of a more senior officer should also be explored.

  2. As a number of cases mentioned above involve different members of the public, who are often blaming the other for the case, what criteria are adopted by the police to decide that one of them should be released and made the witness of the case while the other should be charged?

  3. Whether any internal review would be conducted by the police after the court has ruled that the prosecution was unjustifiable?

I am very much concerned about the issues. If the setting up of a subcommittee is not an acceptable option, is it possible to include them into the agenda of the next Panel meeting, so that representatives of the Security Bureau or the police force would be invited to attend the meeting and explain the case.


Yours faithfully,

(signed)

KAN Fook-yee