there should be a review of whether there
there are adequate alternative punishments to corporal punishment for all offences, and of what restrictions on the use of corporal punishment it might be appropriate to impose in each case,
and that a further submission should then be made.
Both reviews have
have been completed, are summarised in paragraphs 7 to 10 below.
Offences for Which Corporal Punishment is an Option and Use of Corporal Punishment
6
and the results
A list of the broad categories of offence for which corporal punishment is a sentencing option for male offenders in addition to or instead of any other punishment is at Annex A. Corporal punishment is also available
as a sentencing option for male offenders under sixteen years old for any offence in
in lieu of any other punishment. Since 1 January 1980, corporal punishment has been given in 97 cases. Of these, 73 involved offences of possession of an offensive weapon in a public place under Section 33 of the Public Order Ordinance (Chapter 245). Other offences for which corporal punishment has been handed down include wounding with intent, escape from lawful custody, and possession of an offensive weapon with intent under section 17 of the Summary Offences Ordinance (Chapter
(Chapter 228). A breakdown of the instances of corporal punishment given by year and offence is at Annex B.
Review of Public Opinion
7
A public opinion survey was conducted in January 1985 by a private market research company. A total of 1,004 people between 15 and 64 were interviewed. A summary of the findings is at Annex C. The main findings were as follows
(a)
(b)
(c)
(d)
25% of respondents were aware that corporal punishment was a sentencing option in Hong Kong;
67% supported the use of corporal punishment, after the procedures had been explained to them;
those supporting corporal punishment felt that it would be a good deterrent to others (55%) or to the offender concerned (25%);
felt that
those against corporal punishment felt it was cruel (46%) and had only a
and had only a temporary effect (19%);