(145181) Dd. 737490 750M 1/71 Hw.

7

NOTHING TO BE WRITTEN IN THIS MARGIN

HKK

Registry 14/16

No.

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

Restricted. Unclassified.

PRIVACY MARKING

...In Confidence

& c

CONFIDENTIAL

DRAFT SUBMISSION

To:-

Mr Wilford

Sir Leslie Monson

Mr Logan

CORPORAL PUNISHMENT IN HONG KONG

PROBLEM

Type 1 +

From

A W Gaminara Telephone No. &/Ext.

Department Hong Kong

1. The Governor has recently informed us that on the

advice of his Executive Council he has directed that a

Probation

Bill to amend the provision of offenders Ordinance be

introduced into the Legislative Council.

The purpose

of the Bill is to enable the Court to combine the

making of a Probation Ørder with a sentence of daning

16

in the case of persons. ZAN

Specifi

ovea

the age of 16 years

conviction forfed offences super in

the

ARGUMENT, Gnd Audition

Copnet Puncilmer Ordaine

2. Under the existing law, male offenders under 16

years of age may already be sentenced both to probation.

and to caning; and offenders both under and over 16

years of age may be sentenced to imprisonment and/or

caning on gonviction for specified offences. But as

the law stands, if the offender is 16 years old or more

a Probation Ørder cannot be combined with any other

form of sentence.

13. The amendment now proposed has been recommended by

the Chief Justice (and is supported by the Director of

Social Welfare) who considers that it should be

possible, particularly in the case of relatively young

offenders with no previous convictions, for caning to be

combined with a probation Ørder. The Bill does not in

any way extend the types of offence for which caning

CONFIDENTIAL

/may be

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