Dd. 32855 Ed (4200)
NOTHING TO BE WRITTEN IN THIS MARGIN
The adoption of suspended sentences and release on licence
policy
would, we realise, be major steps for Hong Kong to take
in the treatment of offenders and cannot of course be
regarded merely as devices for use in dealing with
communist prisoners.
There would, moreover, be difficulties
Insert in
place of 5 J.
about applying the system to Hong Kong in the same manner
So far as suspended
as it is applied in this country.
sentences are concerned, this is in any event a system
an
involving a judicial as opposed to administrative act.
It would, therefore have little relevance to the sort of
situation we are now considering since its use would depend
on the discretion of the courts at the time of passing
sentence.
Com
it)
some systems akin to it As regards release on licence, this/seems to be a
useful power to have up your sleeve; and although the
necessary legislation could probably not be enacted in time
to be used to any great effect in the present situation,
it might stand you in good sted in the unhappy event of a
repetition of recent troubles there are other
But
difficulties. The provisions for release on licence
in the Criminal Justice Act, 1967 (and in all those
Colonial Ordinances which provide for such a system) are
concerned only with the treatment of offenders who have
received relatively long sentences: moreover, they provide
for release on licence only after a substantial proportion
of the sentence has been served. In the case of adult
prisoners the provisions in Colonial Ordinances for
release on licence are intended to afford special facilities
for dealing with habitual offenders or reŝidivists and this
was, in fact, the origin of the system in this country.
Its object was to enable the court to impose a long sentence
on a convicted person who had committed an offence for which
a lesser sentence would normally be imposed, if according
/to