Under the new law that will govern the activities and competencies of the Judiciary Police (PJ), the police will be allowed to keep several items seized during police operations for the purposes of staff training. Among such items are new drugs, forged currency and objects such as mobile phones and computers, the president of the First Standing Committee of the Legislative Assembly (AL), Ho Ion Sang said yesterday in a media briefing following a meeting of the Committee to discuss the details of the new law before it goes to a plenary session for final approval.
Speaking to the media about a meeting which Ho considered to be very productive towards the final committee opinion on the bill, the president said those present had discussed a new version of the working document sent by the government to the AL early this month, in which the executive promoted changes according to the opinions previously voiced by the Committee.
One of those changes has to do with the possibility of the PJ keeping some objects relating to investigations: “Now the government clarified that the need for the PJ to keep some of these objects so they can be used for staff training needs to be subjected to authorization by the courts. We think that it is logical and acceptable that the PJ can make such a request to the courts [after all judicial procedures are concluded].”
Ho remarked that, in total, four major changes were made to the document. The other three changes related to compliance with data protection laws by personal data assessments, new disciplinary measures to be enforced to PJ staff, and a clear definition of which PJ departments and divisions will be accorded the status of criminal police.
Regarding the disciplinary measures to be enforced by the new law, which will be complemented by a new career regime of the PJ, will be the high importance to be given to situations in which PJ staff members are found to be under the influence of alcohol during their duties. Such circumstances “will [now] be considered as a very serious disciplinary offense,” according to Ho.
In the same chapter, the committee decided to retain the rule stating that PJ staff can be prosecuted for their unlawful misconduct up to 10 years from the date of the events.
The committee’s president also noted that, due to the particularity of this law, which is connected to others relating to the careers of PJ staff, the committee will not propose a certain period for the law to become operative. Instead, Ho explained, it will be defined as one particular day on which both laws will enter into force at the same time.
The possibility of promotions and appointments of staff to be specially authorized by the Chief Executive and exempted from publication in the government official gazette is a topic that has previously raised some concerns. In response to questioning on this topic, Ho clarified that such cases are special and rare and must be related to work duties.
“This has to do with personal security reasons or due to the special nature of the duties – for example, when the nature of the work performed does not allow the disclosure of the name of the person that does it,” he said. He clarified that the rule will only apply to those who are already working with the force and does not apply to the recruitment of new staff members.
According to Ho, the bill will likely be ready to be sent to the final plenary discussion at the beginning of next month.
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