PCA effectively detention without trial, say lawyers

The long period of detention allowed under the Prevention of Crime Act 1959 (PCA) amounts to detention without trial, said a lawyers’ group.

“Lawyers for Liberty views with extreme concern the recent decision by the police to use the PCA as a measure to deal with the escalation of serious and organised crimes.

“We find such a long period of detention excessive and unnecessary and is effectively detention without trial,” said the NGO’s cofounder Eric Paulsen

He said the “vague and vast powers” of the authorities in detaining suspected criminals under the law was open to abuse of power.

“...As past experiences have shown, such vast powers of remand will inevitably lead to abuse of power, as in most cases, the magistrate will merely ‘rubber stamp’ the police application for remand.

“Consequently, these long remands have led to serious abuse of power including extortion, assault, torture and deaths in custody. We find this totally unacceptable,” he said.

In the wake of an escalation in the crime rate, the police have resorted to reviving the little-known PCA for what they say is a bid to take serious criminals likely to be behind these incidents, off the streets.

The law, which allows for detention of up to 71 days, is being used to arrest and hold hundreds of people under Ops Cantas this week.

Paulen meanwhile echoed other concerned NGOs in questioning a lack of transparency and impartiality in the inquiry processes following detention, which he said mirrored that of the Internal Security Act and Emergency Ordinance.

The inquiry, he said, would be conducted by officers appointed by the ministry, and it is unclear if legal counsel for the suspects is provided for.

“The inquiry with the vague and vast powers is reminiscent of the infamously incompetent Advisory Board which had "reviewed" detention under the Internal Security Act and Emergency Ordinance but in most cases merely agreed with the Home Ministry.

“In other words, this inquiry is not an impartial and transparent judicial trial but an administrative penal process that offends basic rules of natural justice, evidential requirement and due process,” he said.