MESSAGE

         The security of our community is the cornerstone of the stability and prosperity of Hong Kong. Accordingly, the Government gives high priority to the maintenance of law and order and public safety, and an effective immigration control.

         Our challenge ahead is to maintain Hong Kong as one of the safest cities of the world. To do so, we will build on our corps of highly professional disciplined services, whose competence and integrity are respected by the community, and to provide them with the necessary resources and legislative support. We will develop our co-operation with law enforcement partners in the Mainland as well as internationally, so as to enable us to protect Hong Kong from trans-boundary crimes. We will maintain tight boundary control against the illegal movement of people and goods, while facilitating bona fide travellers and trade. We will continue to expand and modernise our correctional and anti-drug abuse services, so as to support our law enforcement efforts and to give offenders and drug abusers the opportunity to rehabilitate and re-integrate into society.

         The Government does not act alone. We need the support of the community to be vigilant against crimes, to better protect life and property against fire and other risks, and to guide our young people to lead a crime-free and drugs-free life. We take seriously our commitment to respond to the views and aspirations of the community. Together, we can build a better Hong Kong into the 21st Century.

(Peter H L Lai)
Secretary for Security

INTRODUCTION

         The Hong Kong Special Administrative Region (HKSAR) Government is committed to ensuring that it is open and fully accountable to the people of Hong Kong. Policies, aims and programmes must be clear to all so that the Government can be accountable for their delivery. With greater clarity of purpose and accessibility, the public can better assess our performance and help us improve our quality of service.

         The Policy Programmes, which underpin the Policy Address delivered by the Chief Executive in October 1997, explain the objectives and ongoing work of each Policy Bureau and its supporting departments, as well as Department of Justice, Office of the Judiciary Administrator, Independent Comission Against Corruption and the Administration Wing of the Chief Secretary for Administration's Office, and their proposed new commitments for the coming year. They are set out in three sections:

• Objectives state the overall objectives of the Government according to each programme area, in particular, responsibilities in relation to implementing the Basic Law are spelt out.

• Major Programme Areas list the aims and the important features of each programme area. An overview of the current situation and key performance indicators are given. This section also sets out the Government's new commitments for the coming year.

• Into the 21st Century describes the vision of the Government for a better Hong Kong as we enter the 21st Century and the plans we are making to meet our long-term needs.

Objectives

         The Bureau's objective is to maintain the security of our community and to preserve Hong Kong's social stability under the rule of law. Specifically, we aim to ensure that this goal is achieved by:

• maintaining law and order;

• controlling immigration; and

• protecting life and property from fire and other dangers.

Implementing the Basic Law

        The requirements of the relevant articles of the Basic Law, as listed at Annex, have been reflected in the Bureau's objectives. In particular, it is most important to ensure that:

• while maintaining law and order, the fundamental rights and freedoms of the people of Hong Kong will be fully protected in accordance with the Basic Law. To ensure that these rights and freedoms are preserved, the Security Bureau will formulate legislative amendments to provide statutory safeguards against possible abuse of powers by law enforcement agencies, bearing in mind the need to strike a balance between effective law enforcement and the protection of the rights of individuals;

• the transparency, effectiveness and fairness of our prison sentence review and remission system will be maintained. The Security Bureau will ensure that the sentences of eligible prisoners are reviewed at regular intervals as prescribed under the Long-term Prison Sentences Review Ordinance, so that the Chief Executive may exercise his prerogative of mercy under Article 48(12) of the Basic Law to commute the sentences of persons committed of criminal offences, based on any recommendations made by the Long-term Prison Sentences Review Board;

• the legal framework applicable to the Garrison and the scope of jurisdiction of HKSAR courts is clear and unambiguous;

• close liaison is maintained with the Garrison to develop the necessary interface between the military and the HKSAR Government on the basis of the principles of "non-interference" and "non-subordination"; and

• full assistance is provided to the Garrison to settle in the HKSAR to enable them to carry out their responsibilities for the defence of Hong Kong in accordance with the Basic Law and the Garrison Law.

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Major Programme Areas

        The Security Bureau is responsible for two major programme areas:

1. Internal Security; and

2. Immigration Control.

A. Internal Security

Aims

        The aims of the Bureau are:

• to maintain law and order through
• strengthening the ability of the disciplined forces to prevent and fight crime;
• combating drug abuse and trafficking, and money laundering;

• improving correctional services and facilitating the rehabilitation of offenders; and

• to protect life and property from fire and other dangers, and minimising suffering during emergencies and natural disasters.

Overview

Preventing and fighting crime

• Contrary to the impression that the law and order situation in Hong Kong would deteriorate after the transition, our crime rate has continued to drop. For the first eight months of 1997, the overall crime rate and violent crime rate have dropped by 18% and 12% respectively, when compared with the same period last year. Our overall crime rate is broadly comparable to that of Singapore, and considerably lower than that of many other metropolitan cities in the world.

• There are few cities in the world where crime rates are falling as they are in Hong Kong ?a great tribute to our excellent Police Force and to the commitment of the community to fight crime. We are therefore determined to keep our Police Force as one of the finest in the world. To this end:
• we are fostering a service culture in the Police Force to serve the community better;

• we are implementing a Force Anti-Corruption Strategy to uphold the values of integrity and honesty; and

• we have enhanced the credibility and transparency of the Police complaints system by streamlining procedures on the work of the Complaints Against Police Office and by strengthening the monitoring and reviewing functions of the Independent Police Complaints Council.

• We have continued our efforts to combat crimes on every front, including:
• placing high priority in tackling Triad activities. Dedicated units in the Police Force continue to take vigorous action against Triads; and

• maintaining our well established liaison with the Guangdong authorities to tackle trans-boundary crimes including illegal immigration and smuggling. Such liaison has proven to be very effective ?illegal immigration has gone down by 20% in the first eight months this year, when compared with the same period last year; smuggling remains under control.

• We have accorded high priority to tackling the problem of juvenile crime and steering youths away from crime.

• The Police's School Liaison Officer in each district visit schools regularly to deliver lectures to students on law and order issues, including disseminating anti-triad messages.

• We have closely monitored the implementation of the "Action Plan to Tackle the Problem of Juvenile Crime" to ensure that appropriate assistance and support are provided to help youth development through education and social work.

• These efforts are supported by publicity campaigns on the theme of "Fight Youth Crime", with the slogan "In life, there is no take two", which points to the serious consequences of any criminal offences, including triad membership.

Anti-drug abuse, trafficking and money laundering

• Our sustained efforts to steer young people away from drugs have borne fruit. In 1996, drug abuse for those aged under 21 was down 9% as compared with the previous year.

• To deter drug traffickers from involving young persons in their illegal trade, amendments were made to the Dangerous Drugs Ordinance in March 1997 to provide for heavier sentences for this type of crime.

• We have an effective legal and administrative system to combat drug trafficking and money laundering. Recently, a set of guidelines was issued to money changers and remittance agents advising them to establish anti-money laundering measures similar to those adopted by banks and other financial institutions.

• We have provided additional manpower to the Investigation and Intelligence Units of the Customs Drug Investigation Bureau for enhancing regulatory control over chemicals which can be used for manufacture of dangerous drugs.

Improving correctional services and rehabilitation of offenders

• We have been improving correctional services by taking steps to ease overcrowding in prisons, and by strengthening rehabilitation programmes. Additional penal accommodation is provided through the redevelopment of existing penal institutions:
• The new Chi Ma Wan Drug Addiction Treatment Centre came on stream in December 1996, providing 250 penal places.

• Lo Wu Correctional Institution commenced operation in August 1997, providing about 200 penal places.

• The redevelopment project in Stanley and a proposal to redevelop Tai Lam Correctional Institution to increase penal capacities are proceeding as planned. These two projects, when completed, are expected to generate over 1 000 additional places.

         We will continue to identify other sites for correctional institutions.

• We have brought the Long-term Prison Sentences Review Ordinance into operation from 30 June 1997.
• The Ordinance further enhances the transparency, efficiency and fairness of our prison sentence review and remission system.

• An independent, statutory Long-term Prison Sentences Review Board has been established to regularly review long-term prison sentences. The Board may, among other things, grant conditional release or post-release supervision to suitable prisoners. These options are new features in the improved review system.

Fire fighting and rescue services

• We have brought the Fire Safety (Commercial Premises) Ordinance into effect in May 1997, to require the upgrading of fire service installations in such buildings.

• Together with the Airport Authority, we have developed first class fire-fighting and rescue services for the new airport at Chek Lap Kok. We also commissioned a new fire station in Tung Chung in May 1997 to improve service in the new town area.

Key Indicators

        In 1996-97,

• The overall crimes and the violent crimes reported were 75 621 and 14 857 respectively, which were 16.8% and 11.7% lower than their corresponding figures in 1995-96.

• The number of Triad-related crimes was 2 942, representing a drop of 23.6% when compared to the same period last year.

• The number of drug education talks conducted for students and parents was 554, reaching a total of 113 609 students and parents.

• The total number of 999 emergency calls received was 88 290;

• The percentage of 999 emergency calls responded to within target time (i.e. 9 minutes in Hong Kong and Kowloon, and 15 minutes in the New Territories) was 98.7% for Hong Kong and Kowloon regions, and 95.1% for the New Territories region;

• The overall success rate of Correctional Services' re-integration programmes was about 68%;

• The percentage of fire calls in buildings responded to within target time (i.e. 6 minutes in built-up areas) was 92.5%;

• The percentage of emergency ambulance calls responded to within target time (i.e. ten minutes of travelling time) was 89.8%.

New Commitments

Improving law and order

        In 1997-98,

1. We are deploying over 600 additional police officers in front-line operational duties.

        In 1998,

2. We will continue to improve the quality of our Police service, for example, by producing a structured community involvement strategy, and providing a more friendly and pleasant environment in public areas of Police stations.

3. We will enhance the capability and credibility of our law enforcement agencies by:
1. providing funding for the expansion of the use of video-interviewing of suspects to enhance the admissibility of confession statements;

2. formulating legislation to provide for the taking of intimate and non-intimate samples in tackling serious crimes such as sexual offences; and

3. publicising the practices and procedures of our law enforcement agencies to enable the public to understand their rights and obligations better.

4. We will reinforce the Police's capability in tackling increasingly sophisticated international syndicated and organised crimes such as money laundering, commercial fraud or counterfeiting of monetary instruments by:
1. enhancing the criminal intelligence and investigation capability of the Police through the provision of additional manpower and technological support;

2. increasing co-operation and liaison with other jurisdictions through the Interpol and other channels; and

3. expanding the existing network of co-operation with key countries by negotiating and concluding more bilateral agreements on mutual legal assistance in criminal matters and surrender of fugitive offenders.

5. We will improve Police capability in preventing illegal immigration into Hong Kong by:
1. continuing to maintain the integrity of our land boundary and upgrading the boundary fence and the three police divisional stations along it;

2. rationalising the command structure and establishment of the Marine Police and replacing seven old marine launches by six modern inshore patrol vessels;

3. maintaining the closed area south of the boundary to give our security forces an effective buffer zone to operate against illegal immigration, smuggling and other trans-boundary crimes; and

4. enhancing the close liaison with the Guangdong security authorities in terms of exchanges of intelligence, joint-exercises, co-ordinated operations and publicity campaigns to deter, prevent and take actions against any influx of illegal immigrants on our respective sides of the boundary.

6. We will step up actions to tackle the problem of juvenile crime by:
1. developing a comprehensive educational package for students covering crime prevention, civic responsibility, drug abuse and serious consequences of committing crimes; and

2. enhancing publicity. In 1997-98, the central theme of the Fight Crime Publicity Campaign is "Prevention of Juvenile Involvement in Crime". The theme will be published through various channels, including TV/Radio Announcements of Public Interest, posters, and liaison with schools and other concerned parties.

7. We will enhance the Police's rapid response capability by improving the 999 facility through streamlining procedures and educating members of the public about making reports via the 999 service for emergency cases only.

Anti-drugs efforts

8. In 1998, we will provide additional resources to reduce demand for drugs by:
1. providing funding support for a drug treatment and rehabilitation centre for young drug abusers;

2. providing funding support for a counselling centre for young psychotropic substance abusers; and

3. providing additional staff for Social Welfare Department and a non-governmental organisation to step up preventive education for youths at risk.

Improving correctional services and rehabilitation of offenders

        In 1998,

9. We will improve the rehabilitation and aftercare services for young offenders to reduce recidivism, having regard to the recommendations in the "Research on the Effectiveness of Rehabilitation Programmes for Young Offenders."

10. We are planning to build a new prison complex with a maximum capacity of 1 200 penal places in the Yam O area in North Lantau to ease prison overcrowding.

11. We will negotiate a new network of bilateral agreements on transfer of sentenced persons.

Fire fighting and rescue services

12. In 1998, we will improve fire safety by:
    1. introducing legislation to upgrade fire safety measures in old commercial buildings;

    2. establishing a licensing system for karaoke establishments to improve their fire safety standards;

    3. stepping up inspections to commercial, residential and industrial buildings, and enforcement actions to ensure that proper fire safety precautions are taken; and

    4. stepping up community awareness of and involvement in fire safety.

13. We will continue to improve the performance of the Ambulance Service in responding to emergency calls. In addition, we will upgrade the ability of ambulance crews to deal with cardiac conditions by equipping all ambulances with automatic external defibrillators in early 1998.

14. We will commission the second Mobile Casualty Treatment Centre by the end of 1997 to improve our ability to deal with multiple casualties incidents.

15. We will embark on a phased programme to acquire eight new helicopters for the Government Flying Service to replace its existing fleet in order to enhance its capability, efficiency and operational flexibility in supporting anti-smuggling, anti-illegal immigration, fire fighting, air ambulance, and sea/air search and rescue operations.

B. Immigration Control

Aim

         The aim of the Bureau is to control immigration and combat all forms of illegal immigration while making it as easy as possible for Hong Kong residents and bona fide visitors to move in and out of Hong Kong.

Overview

• We have implemented a Certificate of Entitlement scheme to facilitate the orderly admission of eligible children (as defined under Article 24(2)(3) of the Basic Law) from the Mainland.

• We have been able to meet most of our performance pledges in the area of immigration control. There have been significant improvements in the processing time of travellers at immigration control points. We will be implementing new initiatives to ensure the momentum is maintained.
• We have been focusing our efforts on the smooth operation of new immigration procedures and arrangements related to the implementation of the Chinese Nationality Law and the Basic Law, particularly regarding Right of Abode and the HKSAR passport.

• We have a liberal visa regime. Currently nationals of over 170 countries and territories can visit Hong Kong visa-free. This is beneficial to Hong Kong as an international trading, financial and tourist centre.

• The Government has continued its vigorous efforts in the repatriation of Vietnamese Migrants (VMs) and Vietnamese Illegal Immigrants (VIIs). The total population of VMs/VIIs dropped from 18 886 at 1 April 1996 to 1 801 at 31 August 1997. With the successes in repatriation and the falling VM/VII population, the Government closed the Tai A Chau Detention Centre and the main camp of the Whitehead Detention Centre in September 1996 and January 1997 respectively. The entire Whitehead Detention Centre was closed in June 1997. The Government remains committed to repatriating the remaining VMs and VIIs in Hong Kong, and to closing all VM detention centres as soon as possible.

Key Indicators

        In 1996-97,

• The total number of passengers, vehicles and vessels by land/sea/air inclusive examined exceeded 102 million passenger movements;

• The percentage of passengers cleared within target time was about 98% (which was above the performance pledge target of 92%);
• 15 100 VMs and 871 VIIs were repatriated to Vietnam through the Voluntary Repatriation and Orderly Repatriation Programmes.

New Commitments

        In 1996-97,

1. With the opening of the new airport at Chek Lap Kok, visitors and Hong Kong residents will enjoy first class travel facilities in and out of Hong Kong. We will provide adequate staff for immigration clearance at Chek Lap Kok to cope with the increase in passenger volume.

2. We will implement a Travel Pass Scheme to facilitate the immigration clearance of frequent visitors to Hong Kong. Travel Pass holders will be allowed to use "residents" counters at control points, where the passenger flow is faster than "visitors" counters. A Travel Pass will be valid for three years and good for multiple visits of 60 days on each entry.

3. We will participate in the APEC Business Travel Card Scheme. The Scheme will benefit not only visitors to Hong Kong from participating APEC economies but also Hong Kong business people travelling to these economies.

4. We will conduct a consultancy study to improve the efficiency of immigration clearance for travellers at the Macau Ferry Terminal and China Ferry Terminal.

5. We will conduct a review of the overall policy on Vietnamese migrants/refugees/illegal immigrants.

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Into the 21st Century

         The preservation of law and order in the community will remain one of our highest priorities well into the 21st Century. The HKSAR will continue to have autonomy to maintain law and order under the Basic Law. We will ensure that our professional Police Force is well equipped and trained to meet the many challenges ahead. The Police will continue to play a full part in the fight against increasingly sophisticated international crime. We will seek to ensure effective enforcement against such crime by fostering closer co-operation with overseas law enforcement agencies and increasing the investigation capability of our Police Force. We will send a strong and clear message to all criminals that they have no business in Hong Kong and they will not be tolerated here.

         The changing drug abuse pattern in Hong Kong and elsewhere means that a dynamic approach must be taken to combat drug abuse. Foremost among our drug prevention tasks is to educate and equip our young people with the perseverance and life skills to say no to drugs. In the coming years, we will organise more drug prevention programmes and encourage similar efforts by non-governmental organisations. We will also continue to strengthen our capabilities on both domestic and international fronts to combat drug-related crimes. This will be achieved through vigorous law enforcement actions, improvements to our anti-drugs legislation and administrative measures, as well as enhanced international co-operative efforts.

         We will ensure that the Correctional Services Department can operate our efficient correctional service to support other law enforcement agencies in their fight against criminal activities. We will tackle the problem of over-crowding in correctional institutions, and strengthen rehabilitation services for offenders.

        We will ensure that our rescue services will be modernised and operate in an efficient manner so as to be able to respond effectively to contingent situations.

        Our immigration policies have served Hong Kong well and we intend to maintain our policies. Our task will be to ensure that we can maintain tight control on illegal immigration activity while devising new initiatives to facilitate the movement of law abiding people across our border/boundary to enhance Hong Kong's reputation both for efficiency and as a welcoming centre for business and tourism.

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Chapter II: Relationship between the Central Authorities and the Hong Kong Special Administrative Region

Article 14

         The Central People's Government shall be responsible for the defence of the Hong Kong Special Administrative Region.

         The Government of the Hong Kong Special Administrative Region shall be responsible for the maintenance of public order in the Region.

         Military forces stationed by the Central People's Government in the Hong Kong Special Administrative Region for defence shall not interfere in the local affairs of the Region. The Government of the Hong Kong Special Administrative Region may, when necessary, ask the Central People's Government for assistance from the garrison in the maintenance of public order and in disaster relief.

         In addition to abiding by national laws, members of the garrison shall abide by the laws of the Hong Kong Special Administrative Region.

         Expenditure of the garrison shall be borne by the Central People's Government.

Article 22

        ........

         For entry into the Hong Kong Special Administrative Region, people from other parts of China must apply for approval. Among them, the number of persons who enter the Region for the purpose of settlement shall be determined by the competent authorities of the Central People's Government after consulting the government of the Region.

         ........

Article 23

        The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies.

Chapter III: Fundamental Rights and Duties of the Residents

Article 24

         Residents of the Hong Kong Special Administrative Region ("Hong Kong residents") shall include permanent residents and non-permanent residents.

         The permanent residents of the Hong Kong Special Administrative Region shall be

1. Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region;

2. Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the Hong Kong Special Administrative Region;

3. Persons of Chinese nationality born outside Hong Kong of those residents listed in categories (1) and (2);

4. Persons not of Chinese nationality who have entered Hong Kong with valid travel documents, have ordinarily resided in Hong Kong for a continuous period of not less than seven years and have taken Hong Kong as their place of permanent residence before or after the establishment of the Hong Kong Special Administrative Region;

5. Persons under 21 years of age born in Hong Kong of those residents listed in category (4) before or after the establishment of the Hong Kong Special Administrative Region; and

6. Persons other than those residents listed in categories (1) to (5), who, before the establishment of the Hong Kong Special Administrative Region, had the right of abode in Hong Kong only.

        The above-mentioned residents shall have the right of abode in the Hong Kong Special Administrative Region and shall be qualified to obtain, in accordance with the laws of the Region, permanent identity cards which state their right of abode.

        The non-permanent residents of the Hong Kong Special Administrative Region shall be persons who are qualified to obtain Hong Kong identity cards in accordance with the laws of the Region but have no right of abode.

Article 27

        Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike.

Article 28

        The freedom of the person of Hong Kong residents shall be inviolable.

        No Hong Kong resident shall be subjected to arbitrary or unlawful arrest, detention or imprisonment. Arbitrary or unlawful search of the body of any resident or deprivation or restriction of the freedom of the person shall be prohibited. Torture of any resident or arbitrary or unlawful deprivation of the life of any resident shall be prohibited.

Article 29

        The homes and other premises of Hong Kong residents shall be inviolable. Arbitrary or unlawful search of, or intrusion into, a resident's home or other premises shall be prohibited.

Article 30

        The freedom and privacy of communication of Hong Kong residents shall be protected by law. No department or individual may, on any grounds, infringe upon the freedom and privacy of communication of residents except that the relevant authorities may inspect communication in accordance with legal procedures to meet the needs of public security or of investigation into criminal offences.

Article 31

        Hong Kong residents shall have freedom of movement within the Hong Kong Special Administrative Region and freedom of emigration to other countries and regions. They shall have freedom to travel and to enter or leave the Region. Unless restrained by law, holders of valid travel documents shall be free to leave the Region without special authorization.

Article 37

        The freedom of marriage of Hong Kong residents and their right to raise a family freely shall be protected by law.

Article 42

        Hong Kong residents and other persons in Hong Kong shall have the obligation to abide by the laws in force in the Hong Kong Special Administrative Region.

Chapter IV: Political Structure

Section 1: The Chief Executive

Article 48

        The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions:

        ........

        ........

Section 4: The Judiciary

Article 95

        The Hong Kong Special Administrative Region may, through consultations and in accordance with law, maintain juridical relations with the judicial organs of other parts of the country, and they may render assistance to each other.

Article 96

        With the assistance or authorization of the Central People's Government, the Government of the Hong Kong Special Administrative Region may make appropriate arrangements with foreign states for reciprocal juridical assistance.

Chapter V: Economy

Section 3: Shipping

Article 126

        With the exception of foreign warships, access for which requires the special permission of the Central People's Government, ships shall enjoy access to the ports of the Hong Kong Special Administrative Region in accordance with the laws of the Region.

Chapter VII: External Affairs

Article 154

        The Central People's Government shall authorize the Government of the Hong Kong Special Administrative Region to issue, in accordance with law, passports of the Hong Kong Special Administrative Region of the People's Republic of China to all Chinese citizens who hold permanent identity cards of the Region, and travel documents of the Hong Kong Special Administrative Region of the People's Republic of China to all other persons lawfully residing in the Region. The above passports and documents shall be valid for all states and regions and shall record the holder's right to return to the Region.

        The Government of the Hong Kong Special Administrative Region may apply immigration controls on entry into, stay in and departure from the Region by persons from foreign states and regions.

Article 155

        The Central People's Government shall assist or authorize the Government of the Hong Kong Special Administrative Region to conclude visa abolition agreements with foreign states or regions.

Note

        In addition, all Bureaux/Departments as well as Department of Justice, Office of the Judiciary Administrator, Independent Commission Against Corruption and the Administration Wing of the Chief Secretary for Administration's Office, have joint responsibility for the implementation of the following articles:

Articles 11 (first paragraph), 16, 56 (second paragraph), 62(1) and (2), 64, 142, 148, 149, 150, 151, 152 and 153.

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Policy Programme