CONFIDENTIAL
For discussion
on 31st October 1972
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機密
A
ANNEX 4 TO XCC(73) 14
XCC(72)80 Copy No
MEMORANDUM FOR EXECUTIVE COUNCIL
COMPENSATION FOR VICTIMS OF CRIMES OF VIOLENCE
As Honourable Members will be aware, there has been growing public disquiet during the past 2 years about the increase in the number of crimes involving violence committed in Hong Kong. One aspect of the problem which has given rise to some concern is the absence of comprehensive provision for the compensation of the victims, or dependants of the victims, of crimes of violence.
2
Section 95 of the Interpretation and General Clauses Ordinance (Chapter 1) gives a limited power to the Legislative Council to award compensation, by resolution, from general revenue to any person injured "in the execution of a moral or legal duty to assist in the prevention of crime or any offence" or to the dependants of such person.
3
Although a few awards have been made under section 95 during the past few years, the scope of the section is limited since it can only be applied where the injured person has taken positive steps to try to prevent crime or to help in the arrest of an offender. Thus it does not cover the case of a person who is assaulted by a criminal, unless he is resisting at the time when he is injured, or a mere bystander who is hurt by a criminal.
4
Furthermore, the citizen who is injured by a police officer, when the latter is acting in the execution of his duty, will have a right of action for damages against the Police only if he can establish that the police officer acted negligently. If it could be shown that the police officer was justified in the action which he took, and had taken reasonable care to avoid injury to innocent members of the public, the injured person would be without redress, though in practice ex-gratia compensation has been granted on a number of occasions to members of the public injured by police officers attempt- ing to prevent crime or arrest offenders.
5
Although no statistics are available of the number of persons who are killed or injured in connection with crimes of violence, it may reasonably be assumed that the number of such victims has in- creased at roughly the same rate as has the volume of such crimes. It is worth noting that the number of cases of homicide reported to the Police was 55 in 1969, 71 in 1970, 98 in 1971 and 89 in the first 9 months of 1972. Figures for robberies reported to the Police are 2,323 in 1969, 3,006 in 1970, 5, 146 in 1971 and 5, 061 in the first 9 months of 1972. Serious assaults reported numbered 1, 266 in 1969, 1,337 in 1970, 1, 598 in 1971 and 1, 269 in the first 9 months of 1972.
CONFIDENTIAL
機密