SECOND-HAND DEALERS (AMENDMENT) BILL

Order for Second Reading read.

3.46 p.m.

The Acting Minister for Social Affairs (Mr E. W. Barker): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The purpose of the Second-hand Dealers (Amendment) Bill is to empower the Police to enter and search the premises of unlicensed second-hand dealers. The Ministry of Social Affairs is the administrative authority for the Second-hand Dealers Ordinance, whilst the Police are responsible for licensing and control of such dealers. The Ordinance now only empowers the Police to enter and search without warrant the premises of licensed second-hand dealer shops when they have reason to suspect that stolen or lost property is kept therein. The Police have no such power, however, in respect of premises where second-hand goods are sold without a licence. To justify their entry into such unlicensed premises, the Police have to rely on the provisions of the Criminal Procedure Code. The procedure is cumbersome in that the Police must obtain, in the first instance, a search warrant from a Magistrate's Court. If there is insufficient time to apply for a search warrant, a list of the articles stolen or missing must be taken down in writing with a declaration stating that a robbery or theft has been committed and, moreover, the person who lost the goods or his representative must accompany the police officer in the search. Powers of summary search are limited to certain special circumstances, for example, where the premises to be searched are used by any person who has been convicted of receiving stolen property or harbouring thieves.

Sir, it is therefore proposed to amend the Second-hand Dealers Ordinance in order to give the Police power to enter and search without warrant any shop where there is reason to suspect that any person is dealing in second-hand goods without a licence and to seize such goods found therein.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. -[Mr Barker].

Bill considered in Committee; reported without amendment; read a Third time and passed.