FRIDAY, JUNE 20, 1986
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BILL PROPOSES SPENT CONVICTION SCHEME
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THE GOVERNMENT TODAY PUBLISHED THE REHABILITATION OF OFFENDERS BILL WHICH PROPOSES A SCHEME TO ENABLE PERSONS CONVICTED OF A MINOR OFFENCE TO TREAT THAT CONVICTION AS SPENT FOLLOWING THREE YEARS WITHOUT A FURTHER CONVICTION.
THE ORIGINAL CONVICTION WOULD REVIVE IF THE CONVICTED PERSON WERE RE-CONVICTED AT ANY TIME.
THE PROVISIONS OF THE BILL ARE THE RESULT OF WIDESPREAD CONSULTATION WHICH FOLLOWED THE PUBLICATION IN 1984 OF A DISCUSSION PAPER PREPARED BY THE ATTORNEY GENERAL'S CHAMBERS.
THE PROPOSED SCHEME FOR SPENT CONVICTIONS FOLLOWS EARLIER LEGISLATION IN THE UNITED KINGDOM AND IN A NUMBER OF OTHER COUNTRIES INCLUDING THE UNITED STATES, CANADA, AND AUSTRALIA.
A SPOKESMAN FOR THE LEGAL DEPARTMENT SAID THAT THERE HAD BEEN MANY REPRESENTATIONS FROM INDIVIDUALS AND GROUPS ENCOURAGING THE INTRODUCTION OF LEGISLATION IN HONG KONG,
HE POINTED OUT THAT THE SCHEME NOW PROPOSED WAS INTENDED TO OFFER SOME ENCOURAGEMENT TO A PERSON WHO, DESPITE A MINOR CONVICTION, BEHAVED HIMSELF AS A LAW ABIDING CITIZEN THEREAFTER FOR A SUFFICIENT NUMBER OF YEARS.
SUCH A SCHEME WAS IN THE INTERESTS OF BOTH SOCIETY AND THE INDIVIDUAL.
THE SPOKESMAN SAID THAT THE BILL PROVIDED THAT ANY OFFENCE FOR WHICH THE OFFENDER WAS SENTENCED TO A FINE NOT EXCEEDING $5 000 WOULD BE ELIGIBLE TO BECOME SPENT.
THE EFFECT OF A CONVICTION BECOMING SPENT WOULD BE THAT ORDINARILY THE CONVICTED PERSON WOULD NOT BE OBLIGED TO REVEAL HIS CONVICTION AND NO REFERENCE COULD BE MADE TO IT BY OTHERS.
REFLECTING CONCERN THAT THOSE CONVICTED OF TRIAD OFFENCES MIGHT BENEFIT FROM THE SCHEME, THE SPOKESMAN ADDED THAT THE BILL ADVANCED TWO ALTERNATIVE APPROACHES TO THOSE CONVICTIONS.
ONE APPROACH WAS THAT ALL TRIAD OFFENCES SHOULD BE EXCLUDED FROM THE SCHEME WHILE THE ALTERNATIVE PROPOSAL WAS THAT SUCH OFFENCES SHOULD BECOME SPENT ONLY IF THE OFFENDER RENOUNCED HIS MEMBERSHIP OF THE TRIAD SOCIETY.
THE BENEFITS OF THE SCHEME WILL NOT EXTEND TO THOSE IN CERTAIN SPECIFIED PROFESSIONS AND SENSITIVE OR SENIOR GOVERNMENT OFFICES.
/THE LEGAL