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WEDNESDAY, JULI 2, 1986
LEGISLATION TO ACHIEVE SIMILAR ENDS HAD BEEN INTRODUCED ELSEWHERE, NOTABLY IN THE UNITED KINGDOM, RECOGNISING THAT IT WAS IN THE INTERESTS OF SOCIETY TO OFFER SOME ENCOURAGEMENT TO
THERE AFTER A PERSON WHO, HAVING BEEN CONVICTED OF A MINOR OFFENCE BEHAVED HIMSELF AS A LAW ABIDING CITIZEN FOR A SUFFICIENT NUMBER OF YEARS.
MR THOMAS NOTED THAT THERE HAD BEEN MANY REPRESENTATIONS FROM INDIVIDUALS AND GROUPS CALLING FOR THE INTRODUCTION OF SUCH A LEGISLATIVE SCHEME IN HONG KONG. IN DECEMBER 1984 HIS CHAMBERS HAD PUBLISHED A DISCUSSION PAPER WHICH PUT FORWARD A MUCH SIMPLIFIED VERSION OF THE UNITED KINGDOM REHABILITATION OF OFFENDERS ACT.
THERE HAD BEEN CONSIDERABLE PUBLIC COMMENT ON THE PAPER, AND MOST RESPONDENTS WERE IN FAVOUR OF THE INTRODUCTION OF A SPENT CONVICTION SCHEME THOUGH THERE WAS CRITICISM OF SOME OF THE DETAIL CONTAINED IN THE PROPOSAL. A FEW PEOPLE SPOKE STRONGLY AGAINST THE ADOPTION OF ANY SCHEME WHICH WOULD ALLOW AN OFFENDER TO DISGUISE HIS TRUE BACKGROUND.
THEY ARGUED THAT TRUTH SHOULD NOT BE SACRIFICED TO THE SOCIAL GOAL OF REHABILITATION.
+BUT MEMBERS MAY THINK, LIKE THE SCHEME'S SUPPORTERS, THAT THE BALANCE OF INTEREST OF BOTH SOCIETY AND THE OFFENDER LIES IN ALLOWING THOSE WHO ARE GUILTY OF A SINGLE MINOR BREACH OF THE LAW TO LIVE DOWN THAT CONVICTION AFTER A SUITABLE PERIOD HAS ELAPSED,+ HE SAID.
MR THOMAS SAID HE ACCEPTED THE POINT THAT LAPSE OF TIME ALONE MIGHT NOT BE AN ENTIRELY CERTAIN INDICATION THAT AN OFFENDER HAD GONE STRAIGHT. BUT IT DID AT LEAST PROVIDE A SIMPLE TEST WITHOUT THE NEED FOR COSTLY AND CUMBERSOME ADMINISTRATIVE PROCEDURES.
THE SCHEME NOW PROPOSED HAD BEEN FOUND TO BE BROADLY ACCEPTABLE TO THE MAJORITY OF THOSE COMMENTING ON THE PAPER. +I RECOGNISE THAT IT IS STILL A MODEST SCHEME BUT I BELIEVE IT IS RIGHT TO PROCEED CAUTIOUSLY AND THIS IS A REAL STEP FORWARD,+ HE SAID.
MR THOMAS SAID THE ESSENCE OF THE SCHEME WAS THAT ANY FIRST OFFENCE FOR WHICH THE OFFENDER WAS SENTENCED TO A FINE NOT EXCEEDING $5 000 SHOULD BECOME SPENT AFTER A PERIOD OF THREE YEARS HAD ELAPSED WITHOUT THE OFFENDER BEING CONVICTED AGAIN IN HONG KONG OF ANY OFFENCE.
+ SENTENCES OF IMPRISONMENT FALL OUTSIDE THE SCHEME. SO, OF COURSE, DO DEATH SENTENCES AND I SHALL BE MOVING A MINOR AMENDMENT AT THE COMMITTEE STAGE TO MAKE THAT CLEAR.+
/THE RESULT