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The Rehabilitation of Offenders Ordinance was designed to

cater for local conditions. It cannot proscribe the attitude

which other states should take to offences, and it cannot be

used to remove any individual's responsibility to make a full

disclosure of offences if required to do so for emigration

purposes.

11-15

These matters are discussed more fully in paras.

of the paper 'A spent conviction scheme for Hong Kong

a proposal' published by the Attorney General's Chambers in

December 1984.

6.

7

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However, to assist applicants with a recorded

conviction which is regarded as 'spent' in Hong Kong by virtue

of the Rehabilitation of Offenders Ordinance, the police

clearly endorse any letters of refusal to grant a certificate

with a chop, stating that:

This conviction is regarded as spent in Hong Kong by

virtue of section 2(1) of the Rehabilitation of

Offenders Ordinance.

The authorities receiving the letter will know from this

endorsement that the offence is regarded as trivial and is not

given any further consideration in Hong Kong. They will,

however, as I have said, in any case exercise their judgement,

stat

and are free to disregard offences that are not yet considered

'spent' in Hong Kong, or are not even covered by the

Rehabilitation of Offenders Ordinance.

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