A
For discussion
on 23rd February 1982
ANNEX B TO XCR(82)68
XCR (82)44
Copy No
•
MEMORANDUM FOR EXECUTIVE COUNCIL
Offences against the Person Ordinance (Chapter 212)
OFFENCES AGAINST THE PERSON (AMENDMENT) BILL 1982
}:
At Annex A for the Members' consideration is the
Offences against the Person (Amendment) Bill 1982.
Background
2
Under section 42 of the Offences against the Person Ordinance (Chapter 212) - "Any person who, by force or fraud, takes away or detains against his or her will any man or boy, woman or female child, with intent to sell him or her, or to procure a ransom or benefit for his or her liberation, shall be guilty of felony, and shall be liable to imprisonment for fourteen years."
3
$
indus
In October 1981, while passing sentence in separate cases of kidnapping juveniles, two High Court judges commented on the maximum penalty available under section 42 of the Ordinance, of fourteen years' imprisonment, and suggested it should be raised. These views received public support from the media and others.
B
4
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The present maximum penalty has been reviewed in the context of the number of kidnapping offences known to have occurred in the last three years. A list of these is at Annex B. While it is to be noted that in none of these cases has the present maximum penalty been imposed, there have been six separate cases in which all the convicted defendants have been sentenced to terms of imprisonment of five years or more. It is in the range of these more serious cases that it is believed that the Courts would like to impose higher penalties, but feel unable to do so in the light of the relative severity of particular Adale bog cases seen in the context of the maximum penalty that may now be imposed. In other words a higher maximum penalty would produce generally higher penalties for those convicted of the offence.
5
moges
The present maximum has also been reviewed in the context of the penalties now provided for comparable offences under the Offences against the Person Ordinance (Chapter 212). Whereas a kidnapping offence carries a maximum penalty of fourteen years, the following comparable offences carry a maximum of life imprisonment under the same ordinance: