17
-
Wednesday, November 29, 1972
Mr. Roberts said although the imposition of a mandatory minimum
sentence is a departure from tradition, "I suggest it is fully justified in
present circumstances in Hong Kong, where we are faced with a growing menace
from gangs of young men carrying offensive weapons for use in gang attacks
and a serious increase in the number of robberies in which weapons are used
to threaten or attack."
He hoped that the certainty of a custodial sentence will significantly
reduce the practice of carrying offensive weapons.
The announcement that the government was considering a measure of this
nature has been widely welcomed by the press and public, the great majority of
which appears to give it strong support, he said.
Earlier, Mr. Roberts moved a motion to amend the Third Schedule to the
Criminal Procedure Ordinance by adding to it the offence of possession of an
offensive weapon in a public place, contrary to section 33 of the ordinance.
He explained that in relation to any offence listed in the schedule,
two provisions of the ordinance do not operate.
The first provision was that a court shall not sentence a person over
15 and under 21 to imprisonment unless it is of the opinion that no other method
of dealing with him is appropriate. The second was that a court which passes a
sentence of imprisonment for a term of not more than two years can order that the
sentence shall be suspended.
He said the amendment to the schedule will also ensure that there is
no conflict between the ordinance and the provision in the Public Order (Amendment)
(No. 2) Bill 1972 for a mandatory minimum sentence of imprisonment or a detention
order on conviction of an offence against section 33 of the Ordinance.
/18