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WEDNESDAY, JANUARY 2, 1985
COMMENTS ON REHABILITATION SCHEME INVITED
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THE ATTORNEY GENERAL, MR MICHAEL THOMAS, AND THE SOLICITOR GENERAL, MR JAMES FINDLAY, TODAY (WEDNESDAY) INVITED COMMENTS FROM THE PUBLIC ON A SCHEME DESIGNED TO HELP THE REHABILITATION OF MINOR OFFENDERS.
ANNOUNCING THE PUBLICATION OF +A SPENT CONVICTION SCHEME FOR HONG KONG A PROPOSAL+ MR THOMAS SAID THAT THE DISCUSSION PAPER FULFILLED AN UNDERTAKING GIVEN TO THE LEGISLATIVE COUNCIL IN NOVEMBER 1983 TO PRODUCE A SHORT REPORT AND DRAFT. BILL FOR PUBLIC DISCUSSION.
MR THOMAS EXPLAINED THAT, IN COMMON WITH"SUCH SCHEMES IN OTHER COUNTRIES, THE CONVICTED PETTY OFFENDER, AFTER A SPECIFIED NUMBER OF YEARS, WOULD BE AUTHORISED BY LAW TO SAY NOTHING ABOUT HIS CONVICTION IN HIS BUSINESS AND SOCIAL DEALINGS, SUCH AS IN APPLICATIONS FOR JOBS, HIRE PURCHASE, INSURANCE AND THE LIKE.
THE PROPOSAL FOR HONG KONG WOULD, INITIALLY, LIMIT THE OFFENCES CONCERNED TO THOSE FOR WHICH THE OFFENDER WAS NOT SENTENCED TO IMPRISONMENT OR TO A FINE EXCEEDING $2 000 AND WOULD BENEFIT AN OFFENDER WHO HAS NOT BEEN CONVICTED AGAIN FOR A PERIOD OF THREE YEARS.
THERE WOULD BE EXCEPTIONS TO THIS RULE IN CERTAIN AREAS WHERE IT IS FELT THAT FULL DISCLOSURE IS NECESSARY. FOR EXAMPLE, IF AN OFFENDER IS CONVICTED AGAIN, THE SENTENCING JUDGE WOULD BE TOLD OF ALL CONVICTIONS, NO MATTER HOW OLD.
MR THOMAS SAID THAT SOME ENTHUSIASTS IN THE CIVIL LIBERTIES LOBBY HAD GIVEN IMPETUS TO HOPES WHICH WOULD NOT BE REALISED BY THE PROPOSALS.
HE SAID THE PROPOSED LEGISLATION WOULD NOT SMOOTH THE WAY
OF THOSE WHO WISHED TO EMIGRATE.
THE REQUIREMENT OF FULL DISCLOSURE OF PAST CONVICTIONS WHEN APPLYING FOR VISAS IS GOVERNED BY THE LAWS OF THE COUNTRIES TO WHICH THE APPLICATIONS FOR THOSE VISAS ARE MADE.
+IF WE WERE TO SEEK TO PREVENT SUCH DISCLOSURE BY OUR LAW,+ HE SAID. +WE WOULD NOT MAKE IT EASIER FOR FOREIGN COUNTRIES. TO ACCEPT APPLICATIONS FOR HONG KONG RESIDENTS. I BELIEVE SUCH A MOVE WOULD, GENERALLY, MAKE EMIGRATION MORE DIFFICULT FOR HONG KONG PEOPLE, RATHER THAN EASIER.+
HE BELIEVED THAT MOST COUNTRIES APPLIED COMMON SENSE IN CASES IN WHICH THERE WAS A PAST CONVICTION FOR A MINOR OFFENCE WHICH HAD BEEN LIVED DOWN AND WOULD RESENT ANY ATTEMPT BY HONG KONG TO PREVENT ACCESS BY THEM TO FULL AND ACCURATE INFORMATION.
MR THOMAS SAID WHILE THE PRESENT PROPOSAL WAS LIMITED TO MINOR OFFENCES IT MIGHT BE THAT THE SCHEME WOULD IN TIME BE EXTENDED TO COVER A WIDER RANGE OF CONVICTIONS.
THE PROPOSAL