7
WEDNESDAY, JULY 2, 1986
+
MR THOMAS SAID THAT THERE HAD BEEN MUCH CONCERN, ESPECIALLY ON THE PART OF THE POLICE, THAT THOSE CONVICTED OF TRIAD RELATED OFFENCES SHOULD NOT BENEFIT FROM THE SCHEME. ACCORDINGLY, THE UNUSUAL STEP HAD BEEN TAKEN TO PRESENT A BILL THAT OFFERED TWO OPTIONS FOR CONSIDERATION BY THE COUNCIL.
+ THE FIRST OPTION IS TO EXCLUDE TRIAD RELATED OFFENCES UNDER THE SOCIETIES ORDINANCE FROM THE REHABILITATION SCHEME ALTOGETHER. THE SECOND OPTION IS TO ALLOW A TRIAD RELATED OFFENCE TO BECOME SPENT ONLY IF THE OFFENDER HAS RENOUNCED HIS CONNECTION WITH TRIAD SOCIETIES...+
THE SECOND OPTION WAS AN IDEA THAT HAD BEEN DISCUSSED IN SOME DETAIL IN THE GOVERNMENT'S RECENT DOCUMENT ON THE TRIAD PROBLEM.
FINALLY, MR THOMAS SAID, THE BILL PROPOSED TO AMEND THE MAGISTRATES ORDINANCE TO REMOVE THE POWER OF A MAGISTRATE NOT TO RECORD A CONVICTION AFTER FINDING A MINOR CHARGE PROVED.
HE SAID: THE PURPOSE OF NOT RECORDING A CONVICTION WHEN THERE HAS BEEN A CONVICTION IS NOT ALTOGETHER EASY TO FOLLOW, ALTHOUGH IT WAS PROBABLY INTENDED TO HELP AN OFFENDER PUT MINOR CONVICTIONS BEHIND HIM, AS SUCH, THIS BILL OFFERS A MORE RATIONAL APPROACH. THE BILL WILL REQUIRE THE MAGISTRATE TO RECORD A CONVICTION IN SUCH A CASE.
+BY SO DOING, IT WILL ENSURE THAT A COURT IN SUBSEQUENT CRIMINAL PROCEEDINGS WILL BE FULLY APPRISED OF THE OFFENDER'S BACKGROUND AND WILL NOT WRONGLY TREAT HIM AS A FIRST OFFENDER. EQUALLY IT WILL BECOME A SPENT CONVICTION AFTER THREE YEARS IN THE SAME WAY AS ANY OTHER ELIGIBLE CONVICTION. THIS AMENDMENT TO THE LAW HAS THE SUPPORT OF THE JUDICIARY.+
DEBATE ON THE BILL WAS AJOURNED.
BILL REMOVES UNSATISFACTORY BANKRUPTCY PROVISIONS
******
THE BANKRUPTCY (AMENDMENT) BILL 1986 SEEKS TO ALTER THOSE PROVISIONS OF THE BANKRUPTCY ORDINANCE WHICH HAVE BEEN FOUND TO BE UNSATISFACTORY, THE FINANCIAL SECRETARY, THE HON PIERS JACOBS, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING THE SECOND READING OF THE BILL, MR JACOBS POINTED OUT THAT THE BANKRUPTCY ORDINANCE CONTAINED PROVISIONS DESIGNED TO PREVENT BANKRUPTCY PROCEEDINGS FROM BEING A FUTILE EXERCISE.
/HE SAIL