WEDNESDAY, MAY 23, 1979
REPLYING TO THE CONCERN RAISED BY THE HON. T.S. LO ABOUT POSSIBLE DELAY BETWEEN A PLEA OF NOT GUILTY AND THE TRIAL DATE, MR. HOBLEY SAID: THE AVERAGE PERIOD BETWEEN THE FIRST APPEARANCE OF A DEFENDANT IN A MAGISTRATE'S COURT AND THE DATE FIXED FOR THE HEARING OF THE CASE WHEN THE PROCEEDINGS ARE DEFENDED IS ONE MONTH.+
HE ADDED THAT IN CUSTODIAL CASES THE USUAL PERIOD WAS SOMEWHAT SHORTER. +I RECOGNISE THE FORCE OF MR. LO'S POINTS AND I CAN SAY THAT TRIAL DELAYS WILL BE A MATTER OF PARTICULAR CONCERN TO THE NEW CHIEF JUSTICE,+ HE SAID.
LAW.
THE BILL, AFTER A NUMBER OF AMENDMENTS, WAS PASSED INTO
AMENDMENTS TO LOITERING LAW
A CONSIDERABLE IMPROVEMENT - T.S. LO
******
THE CRIMES (AMENDMENT) (NO. 2) BILL DEALING WITH THE LAW ON LOITER ING WAS AMENDED IN THREE WAYS AND WAS PASSED BY THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
WITH THE AMENDMENTS■—
* A PERSON WILL NOT COMMIT AN OFFENCE FOR LOITER ING
IF HE HAS A SATISFACTORY EXPLANATION FOR HIS PRESENCE AT THE PLACE, THUS MAKING IT WRONG TO ARREST HIN UNLESS HE FAILS TO GIVE A SATISFACTORY EXPLANATION OR ACCOUNT OF HIS PRESENCE AT THE TIME OF HIS ARREST=
* THE OFFENCE OF OBSTRUCTING ANY PERSON WILL ONLY BE
COMMITTED IF DONE WILFULLY AND NOT OTHERWISE, AND
* THE MAXIMUM PRISON SENTENCE FOR LOITERING OR WILFUL
OBSTRUCTION WILL BE SIX MONTHS INSTEAD OF TWO YEARS.
THE AMENDMENTS WERE MADE FOLLOWING DISCUSSIONS AMONG UNOFFICIAL COUNCILLORS AND BETWEEN THEM AND THE ATTORNEY GENERAL. IN ADDITION, SECTION 27 OF THE PUBLIC ORDER ORDINANCE, WHICH THE UNOFFICIALS FOUND DURING THEIR DISCUSSIONS TO HAVE FAR WIDER POWERS THAN THOSE SOUGHT UNDER THE BILL, WILL BE REPEALED.
SPEAKING AT THE BILL'S SECOND AND THIRD READINGS TODAY, THE HON. T.S. LO, CONVENER OF THE GROUP OF UNOFFICIALS WHO STUDIED THE BILL, SAID IT HAD ATTRACTED WIDESPREAD CRITICISM FROM DIVERSE SEGMENTS OF THE COMMUNITY. THOSE KEEN TO STRENGTHEN THE LAW TO DEAL WITH THE LAWLESS THOUGHT IT WAS INADEQUATE. THEY WOULD HAVE US AMEND THE LAW SO AS TO MAKE IT AN OFFENCE IF A PERSON IS MERELY FOUND IN THE COMPANY OF A KNOWN CRIMINAL. HE CONGRATULATED THE ATTORNEY GENERAL FOR REFRAINING FROM TAKING UP THIS CONCEPT.
+SECONDLY, THOSE INTERESTED IN REDUCING THE OPPORTUNITY FOR THE POLICE TO ABUSE THEIR POWERS, CONSIDER THE BILL TO BE BEREFT OF SAFEGUARDS FOR THE INDIVIDUAL.
L+THIRDLY.