***********************************************************
The Force has always been concerned about incidents of malpractice related to debt collection. A Headquarters Order (HQO) was circulated on December 23 1998, stating the Force procedures for the handling and investigation of debt collecting related cases.
In March 1998, Director of Crime and Security Lau Yuk-kuen assigned Chief Superintendent/Organised Crime and Triad Lee Ka-chiu to chair a working committee, the members of which included Regional Senior Superintendents/Superintendents Crime, to examine the handling of debt collecting related reports and existing laws controlling illegal debt collecting activities, and to formulate a more effective Force strategy.
The working committee submitted a report in October last year suggesting that there should be a Force strategy, an HQO to enhance the handling and investigation of debt collection malpractice, and legislative change by the introduction of a licensing system to effectively control all debt collecting activities.
On December 4, 1998, a Force strategy was promulgated to enhance the Force capability in handling these cases by taking prompt, proactive, preventive measures, assigning the appropriate investigative resources and maintaining a comprehensive database, and to enhance police ability in combating debt collection malpractice by pursuing legislative change.
The HQO is the first Order aimed at combating debt collection malpractice, the content of which is divided into three major areas: handling of reports, responsibility of investigation, and criminal intelligence.
According to the Order, any report relating to debt collecting activities will be investigated by detective police officers whether it constitutes a crime or not, which is a major procedural change.
In addition, all such cases will be reported to the Assistant District Commander (Crime), a superintendent, within 48 hours upon receiving the report in order to decide the level of investigation needed. This superintendent will personally approve the termination of an investigation.
A database of debt collecting related cases has been established in the Force Criminal Intelligence System with information collected by the Criminal Intelligence Bureau from the officers-in-charge of case, District Intelligence Section and Regional Intelligence Unit. This database provides comprehensive intelligence for the investigation of debt collecting related cases.
It is important to note that the Order puts much emphasis on the protection of victims and witnesses in the course of case enquiry and court proceedings. Force members should take all possible measures to assure the confidentiality, well-being and safety of victims and witnesses. A formal Witness Protection Programme will be implemented if deemed necessary.
On January 5, in conjunction with this Order, guidelines were issued to assist all front line investigators in the handling and investigation of these cases. The guidelines also encourage the use of special powers such as witness order, enhanced sentencing and confiscation of crime proceeds provisions under the Organised and Serious Crime Ordinance.
The Law Reform Commission has established a Sub-committee on Debt Collection to consider the adequacy of the existing laws governing debt collecting activities and to recommend changes in law as may be thought appropriate. Members of the Sub-committee includes Chief Superintendent Crime Headquarters Chan Wai-ki, Court of Final Appeal judges, lawyers, scholars and representatives from various government departments. Mr Chan conducted a presentation on the topic of "Debt Collection Activities in Hong Kong" to the Sub-committee on December 1, 1998.
With the promulgation of this Order, the Force will enhance the prevention, handling, investigation and intelligence gathering of debt collecting related cases. The Order will be reviewed in 12 months.
Police Report No.4
Issued by PPRB
End/1440 hrs, Wednesday January 27, 1999 (PP)
NNNN