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WEDNESDAY, NOVEMBER 23, 1983
REPORT ON SPENT CONVICTION+ SCHEME EXPECTED
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THE ADMINISTRATION HOPES TO PUBLISH NEXT YEAR A SHORT REPORT AND A DRAFT BILL ON A POSSIBLE +SPENT CONVICTION+ SCHEME FOR PUBLIC DISCUSSION, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, TOLD THE LEGISLATIVE COUNCIL TODAY.
DIFFERENT STATUTORY +SPENT CONVICTION+ SCHEMES HAD BEEN INTRODUCED IN THE U.K., CANADA AND AUSTRALIA, MR THOMAS POINTED OUT, IN REPLY TO A QUESTION RAISED BY THE HON MARIA TAM ON THE SUBJECT.
THEIR COMMON FEATURE IS THAT A CONVICTED OF FENDER AFTER
A SPECIFIED NUMBER OF YEARS IS PERMITTED TO SAY NOTHING ABOUT HIS PREVIOUS CONVICTION IN HIS BUSINESS AND SOCIAL DEALINGS, SUCH AS IN APPLICATIONS FOR JOBS, HIRE PURCHASE, INSURANCE AND THE LIKE, HE EXPLAINED.
+MEMBERS MAY THINK THAT IS AN ENCOURAGEMENT TO OFFENDERS WHO GO STRAIGHT TO LIVE DOWN THEIR PAST. BUT OBVIOUSLY THE FACT OF A CONVICTION CANNOT BE FORGOTTEN FOR ALL PURPOSES.
IF AN OFFENDER IS RECONVICTED, IT IS GENERALLY THOUGHT THAT THE JUDGE OUGHT TO BE AWARE OF SPENT CONVICTIONS, MR THOMAS SAID.
AND IT IS A FACT OF LIFE THAT FOREIGN COUNTRIES NOT SUBJECT TO HONG KONG LAWS MAY REQUIRE APPLICATIONS FOR VISAS TO BE FILLED IN CORRECTLY AND ACCURATELY, HOWEVER FAR BACK IN THE PAST THE INFORMATION ABOUT CONVICTIONS IS SOUGHT, HE POINTED OUT.
+SO OFFENDERS CANNOT EXPECT TOO MUCH FROM ANY STATUTORY SCHEME, MR THOMAS ADDED.
HE TOLD THE COUNCIL THAT HIS CHAMBERS, TOGETHER WITH THE SECURITY BRANCH, WERE CONTINUING TO EXAMINE THE KIND OF SCHEME THAT MIGHT SUIT HONG KONG.
+THERE IS THE PROBLEM OF THE LINE TO BE DRAWN BETWEEN SERIOUS OFFENCES WHICH CANNOT BE OVERLOOKED AND LESS SERIOUS OFFENCES WHICH CAN PROPERLY BE WIPED OUT.
*THERE IS ALSO BALANCE TO BE STRUCK BETWEEN THE PURPOSES FOR WHICH OFFENCES CAN BE OVERLOOKED IN THE INTERESTS OF REHABILITATION AND THE SOCIAL AND POLITICAL NEEDS OF THE COMMUNITY FOR WHICH FULL DISCLOSURE IS PARAMOUNT.
+WE ALSO LOOK FORWARD TO RECEIVING THE REPORT WHICH THE HONG KONG BRANCH OF JUSTICE' HOPE TO PUBLISH NEXT MONTH IN ORDER TO TAKE ACCOUNT OF THE IR PURPOSES AS WELL, MR THOMAS SAID.
HE ADDED THAT IT WAS RECOGNISED THIS WAS A TOPIC ON WHICH THE PUBLIC WOULD WISH TO EXPRESS VIEWS.
+THIS KIND OF MEASURE WILL ONLY SUCCEED IF ITS PURPOSES ARE WELL UNDERSTOOD AND THE PUBLIC HAS BEEN FULLY CONSULTED, HE SAID.
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