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As from July 1, 2001, certain law enforcement agencies will be empowered to take intimate and non-intimate samples from suspects arrested for serious crime for forensic analysis, a Government spokesman said today (June 27).
Under a commencement notice which was endorsed by the Legislative Council today, the Dangerous Drugs, Independent Commission Against Corruption and Police Force (Amendment) Ordinance 2000 will come into force on July 1, 2001.
The Ordinance, which was passed by the Legislative Council in June 2000, seeks to provide the Police with statutory power to take intimate and non-intimate samples from persons suspected of having committed serious crimes for forensic analysis.
The Ordinance also empowers the Independent Commission Against Corruption to take non-intimate samples and the Customs and Excise Department to take samples of urine for specified purposes.
At present, without the consent of suspects, law enforcement agencies have no statutory power to take body samples from them for forensic analysis.
Intimate sample refers to a sample of blood, urine, semen or any other tissue fluid, hair other than head hair, a dental impression or a swab taken from a person's body orifice other than the mouth or from any private part of a person's body.
Non-intimate sample means a sample of head hair, a sample taken from a nail or from under a nail, a swab taken from any part other than a private part of a person's body, a swab taken from the mouth but not any other body orifice, saliva or an impression of any part of a person's body except a private part or the face, finger-prints, palm-prints, sole-prints and toe-prints.
According to the Ordinance, a non-intimate sample can only be taken from a suspect if authorised by a Police officer at the rank of Superintendent or above (or by a law enforcement officer of comparable rank) who has reasonable grounds for suspecting a person's commission of a serious arrestable offence, i.e. an offence for which the term of imprisonment is seven years or more or an offence listed in the Police Force Ordinance's Schedule, and for believing that the sample will tend to confirm or disprove the commission of the offence by that person.
In addition, the written consent of the suspect and judicial authorisation from a magistrate are required in the taking of intimate samples in view of the relatively higher degree of interference. The magistrate will have the power to conduct a hearing if necessary.
Besides, the suspect will have to be informed of the grounds and purposes for taking his body samples and that law enforcement officers have been duly authorised to do so.
The spokesman stressed that while the capabilities of law enforcement agencies to tackle crimes would be enhanced, the Ordinance had struck a balance between the need for effective law enforcement and protection of the rights of individuals.
One of the most powerful forensic analyses is DNA analysis. The spokesman explained that given the advanced development of forensic analysis, it was now possible to take a buccal swab (a non-intimate sample) from the mouth of a person which was sufficient for analysing the DNA profile of that person.
"This method is quick, efficient and the degree of interference is low. The DNA profile is expressed in the form of a series of numbers that is highly specific to that person. It can therefore be used to identify a person with a high degree of certainty.
"As such, comparison of the DNA profile of a suspect against the DNA profile derived from material obtained at a crime scene can implicate a suspect with a high degree of certainty or it can exonerate him absolutely as the source of the material," the spokesman said.
The Ordinance requires that the sample and the results of analysis will have to be destroyed as soon as practicable if the suspect is not charged or after he is acquitted of the offence. "This will ensure that the sample will not be misused," the spokesman added.
If the suspect is convicted of a serious arrestable offence, his sample will also be destroyed as soon as practicable after the conclusion of court proceedings. However, his DNA information will be stored on a DNA database to assist in the investigation of crimes in future. The DNA database will greatly enhance the capabilities of law enforcement agencies to tackle crimes.
To ensure that the DNA database will only be used for purposes related to crime investigation, the Ordinance also provides that no person shall have access to the DNA information stored therein, or disclose it, except for the authorised purposes specified in the Ordinance. Any person contravening this is liable to a maximum fine of $25,000 or imprisonment for six months.
End/Wednesday, June 27, 2001
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