The Crimes Ordinance (Chapter 200) Possession of forged driving licences and Services' identity cards can be prosecuted under section 76(3) leading to a maximum penalty of 3 years' imprison- ment and an unspecified fine.
The Registration of Persons Regulations (Chapter 177)
Regulation 12(2) and (4) provides a maximum penalty of 2 years' imprisonment and a fine of $5,000 for possession of forged identity cards and other
documents issued under the Registration of Persons Ordinance (Chapter 177).
The present levels of penalty do not reflect the serious nature of the offences and do not sufficiently deter potential forgers or people attempting to resort to using such forged documents.
Working Group on 'Proof of Identity'
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The Working Group comprising representatives from the Security Branch, the Attorney General's Chamber, the Immigration Department and the Commissioner of Police, was set up shortly after the implementation of Operation Champion and in the light of the importance given to 'proof of identity' to look into any deficiencies in the various Ordinances covering forgery of such documents.
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(a)
(b)
The Working Group recommended that:
The penalty in respect of forgery of identity cards and other documents issued under the Registration of Persons Ordinance (Chapter 177) should be increased to a maximum of 7 years' imprisonment to bring it in line with forgery of travel documents and Vietnamese refugee cards. This could be effected by an amendment to section 71(3) of the Crimes Ordinance to include a reference to identity cards and other documents issued under the Registration of Persons Ordinance (Chapter 177).
Any person found in custody or possession of anything 'fit and intended for use' in forgery should be made punishable with a maximum of 7 years' imprisonment. This proposal would be effected by creating a new offence under Part IX of the Crimes Ordinance. This was felt necessary in order to assist in the prosecution
G.S. 166
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