ON
Wednesday, July 5, 1972
LAW ON DAMAGE TO PROPERTY BEING SIMPLIFIED
The Crimes (Amendment) Bill 1972, which deals with the law governing
offences of damage to property, achieves "a considerable simplification of a
complicated part of the criminal law," the Attorney General, the Hon. D.T.E.
Roberts, said today.
In moving the second reading of the Bill at today's meeting of
the Legislative Council, Mr. Roberts said it was based on the provisions of the
English Criminal Damage Act 1971, which was enacted as a result of reports by
the English Criminal Law Revision Committee and the English Law Commission.
Both bodies had described the previous English law, which was still
substantially that in force in Hong Kong, as having "many unsatisfactory
features."
The Attorney General said that under the new Bill, a high maximum
punishment was provided for serious cases, though in practice most offences of
criminal damage would be dealt with by the magistrates' courts, which would
impose only moderate punishments.
The essence of the new offence of criminal damage contained in the Bill
is the destruction of or damage to the property of another without lawful excuse.
Among other things the Bill creates the basic offence of destroying
or damaging property belonging to another in very wide terms, designed to cover
the majority of offences involving criminal damage.
Mr. Roberts said an order for compensation made under the Bill would
not preclude the person who had suffered damage from instituting separate civil
proceedings in connection with his loss, insofar as that might exceed the amount
of compensation ordered by the court to be paid to him.
"Summary compensation in a criminal case is not intended to be a
substitute for civil proceedings, but where small amounts are involved, it
provides a simple and speedy relief," he added.
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