CONFIDENTIAL
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would be a deterrent against those who carry weapons in public The element of deterrence in the mandatory sentence was important
They can be no deterrence in a sentence of one stroke of the cane. Once again the Judiciary has proved themselves incapable of achieving a consistent sentencing policy in relation to that offence which was one of the principal reasons why the mandatory sentence was introduced in the first place. Should therefore my general submission that caning be restricted to circumstances of special aggravation not be accepted, I, nonetheless, strongly recommend that section 33 of the Public Order Ordinance, Cap. 245 be amended to remove corporal punishment as an alternative sentence so that the intention of the legislature can in future
be carried out.
Conclusion
29. (a) It is clear that the courts of Hong Kong have
sentencing
available a wide range of alternative powers which allow for both deterrent and individualised sentences to be applied.
(b) The attitude of the Court of Appeal concerning
the principles governing the sentencing provided is that the imposition of corporal punishment should be the exception and not the rule, and should only be imposed in circumstances of 'special aggravation'.
(c) The view taken by the Court of Appeal is
supported by the figures concerning the sentences of corporal punishment which
indicate that other than for an offence
under section 33 of the Public Order Ordinance
Cap. 245 only nine sentences of caning have been imposed since 1980, and these overwhelming
relate to offences of a violent or sexual nature.
CONFIDENTIAL
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