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WEDNESDAY, JULY 2, 198
THE RESULT WOULD BE THAT ONCE A CONVICTION HAD BECOME SPENT, AND AS LONG AS THE OFFENDER WAS NOT CONVICTED AGAIN FOR ANY OFFENCE, EVIDENCE OF THE CONVICTION WOULD NOT GENERALLY BE ADMISSIBLE IN COURT. THE OFFENDER WOULD NOT NEED TO DISCLOSE IT IN ANSWER TO ANY QUESTION, AND IT WOULD NOT BE A LAWFUL GROUND FOR PREJUDICE IN RELATION TO EMPLOYMENT.
THE SCHEME WOULD BE LIMITED TO A CONVICTION IN HONG KONG, AND CONVICTIONS IN A FOREIGN COURT WERE LEFT OUT OF ACCOUNT
ALTOGETHER.
HE SAID: +1 SHOULD STRESS THAT THE PROVISIONS OF THIS BILL WILL NOT, INDEED CANNOT, AFFECT THE REQUIREMENTS OF DISCLOSURE IMPOSED BY FOREIGN LAWS ON HONG KONG CITIZENS WISHING TO EMIGRATE. REQUIREMENTS TO MAKE FULL DISCLOSURE OF ALL CONVICTIONS ARE IMPOSED BY THE COUNTRY OF THE INTENDED DESTINATION, NOT BY HONG KONG. A PROSPECTIVE EMIGRANT WILL, IF ASKED, HAVE TO REVEAL HIS CONVICTION WHETHER OR NOT IT IS CONSIDERED SPENT IN HONG KONG IF THE FOREIGN LAW REQUIRES HIM TO GIVE A TRUTHFUL ANSWER.
+I KNOW THAT SOME WHO RESPONDED TO OUR ORIGINAL DISCUSSION PAPER HOPED WE COULD ASSIST THOSE SEEKING TO EMIGRATE. BUT HONG KONG LEGISLATION CANNOT CHANGE 1MMIGRATION PROCEDURES ADOPTED BY FOREIGN STATES. IT IS TO BE HOPED, HOWEVER, THAT CONSISTENT WITH THE SPIRIT OF THIS BILL, OVERSEAS AUTHORITIES WILL ORDINARILY OVERLOOK A MINOR CONVICTION WHERE IT HAS OCCURRED SOME TIME PREVIOUSLY.+
MR THOMAS SAID THE SCHEME WAS SUBJECT TO CERTAIN EXCEPTIONS. FIRSTLY, IT ALLOWED A COURT TO HEAR ABOUT A SPENT CONVICTION WHERE IT WAS IMPORTANT TO ENSURE THAT JUSTICE WAS DONE, AND ALSO WHEN SENTENCING AN OFFENDER.
SECONDLY. THE SCHEME WOULD NOT APPLY TO THOSE IN CERTAIN PROFESSIONS OR PUBLIC OFFICES WHERE THE PUBLIC HAD A RIGHT TO EXPECT THE HIGHEST STANDARDS OF PROBITY. IN THESE CASES IT IS REASONABLE THAT FULL DISCLOSURE OF ALL PAST MISDEMEANOURS SHOULD BE MADE, HE SAID.
NOR WOULD THE SCHEME APPLY TO ANY PROCEEDINGS RELATING TO A PERSON'S SUITABILITY TO BE GRANTED ANY LICENCE, PERMIT OR DISPENSATION OR TO BE REGISTERED UNDER ANY LAW. THE SCOPE OF THIS EXCLUSION IS WIDE AND WILL, FOR INSTANCE, MAKE FULL DISCLOSURE A REQUIREMENT FOR APPLICATION FOR REGISTRATION AS A TEACHER, AS WELL AS APPLICATION FOR A HAWKER'S LICENCE,+ HE NOTED.
/R THOMAS