MONDAY, DECEMBER 26, 1977
ATTORNEY GENERAL PROPOSES TO MOVE AMENDMENTS TO CRIMES (AMENDMENT) BILL
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THE ATTORNEY GENERAL, MR. JOHN HOBLEY PROPOSES TO MOVE A NUMBER OF AMENDMENTS TO THE CRIMES (AMENDMENT) BILL AT THE LEGISLATIVE COUNCIL SITTING ON JANUARY 11 NEXT YEAR.
THE EFFECTS OF THESE AMENDMENTS WILL BE :
(1)
(11)
(111)
(IV)
(V)
THE PROVISIONS DEALING WITH HOMOSEXUAL ITY WILL BE OMITTED ALTOGETHER SO THAT THE LAW ON THIS SUBJECT WILL REMAIN AS AND WHERE IT IS (IN THE OFFENCES AGAINST THE PERSON ORDINANCE) -
THE DEFINITION OF VICE ESTABLISHMENT WILL BE DELETED, BUT A NEW SUBSECTION WILL BE ADDED TO THE BILL UNDER WHICH NO PREMISES, VESSEL OR PLACE WILL BE TREATED AS A VICE ESTABLISHMENT UNLESS IT IS WHOLLY OR MAINLY USED BY TWO OR MORE WOMEN FOR PROSTITUTION OR WHOLLY OR MAINLY USED FOR ORGANISING OR ARRANGING PROSTITUTION. IN ADDITION, THE WORDING OF OTHER PROVISIONS, WHERE VICE ESTABLISHMENTS ARE REFERRED TO, WILL BE ALTERED TO STRESS THAT IT IS THE KEEPING OF PREMISES, VESSELS OR PLACES AS VICE ESTABLISHMENTS WHICH IS OBJECTIONABLE=
PREMISES USED IN THE MANNER SPECIFIED IN (11) WILL ACCORDINGLY BE A VICE ESTABLISHMENT UNDER THE LAW EVEN THOUGH IT WAS USED ON ONE OCCASION ONLY. HOWEVER, THE RELEVANT CRIME IS THAT OF KEEPING : TO ESTABLISH KEEPING. IT WILL BE NECESSARY TO SHOW AN INTENTION TO USE PREMISES AS A VICE ESTABLISHMENT OVER A PERIOD OF TIME - USE ON ONE OCCASION ONLY MAY BE SUFFICIENT IF THERE IS OTHER EVIDENCE SHOWING THE INTENTION TO CARRY ON USING THE PREMISES FOR THAT PURPOSE. IT WILL, HOWEVER, OFTEN BE NECESSARY, IN ORDER TO ESTABLISH THE INTENTION, TO PROVE SOME ELEMENT OF CONTINUITY OF USE=
THE VARIOUS OFFENCES DEALT WITH WILL ALSO BE RE-GROUPED, PARTICULARLY TO HIGHLIGHT THOSE GROUPS OF OFFENCES DEALING WITH THE EXPLOITATION OF WOMEN AND THE USE OF PREMISES FOR ILLICIT SEXUAL ACTIVITY, THIS WILL NECESSITATE CHANGING THE POSITION AND NUMBERING OF THE VARIOUS PROVISIONS IN THE BILL, AND IN THE SUB-HEADINGS USED=
THE PROVISION DEALING WITH ASSAULT WITH INTENT TO RAPE WILL BE OMITTED AND RELIANCE WILL THEREFORE CONTINUE TO BE PLACED ON THE GENERAL LAW AS TO ATTEMPT TO COMMIT OFFENCES=
/(VI)
THE PRESUMPTION,