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WEDNESDAY, JULY 9, 1986

HE ALSO OBSERVED THAT IMPRISONMENT AND PAYMENT OF A FINE WERE LOSING THEIR DETERRENT EFFECT AS THEY HAD COME TO BE REGARDED AS PART OF THE OPERATIONAL COST BY SOME ILLEGAL SYNDICATES AND MERE VACATION BY MANY CRIMINALS.

+ INSTEAD, CANING AS A PUNISHMENT IS WHAT STRIKES FEAR IN THE CRIMINALS AND LEAVES A LASTING MEMORY AND, AS SUCH, IS THE BEST DETERRENT, HE SAID.

MR POON SAID HE HOPED THAT THE AUTHORITIES CONCERNED WOULD CONSIDER CANING AS A PENALTY IN ADDITION TO IMPRISONMENT IN ORDER TO ACHIEVE DETERRENT EFFECT:

HEAVY PENALTY AND TOUGH LAWS, SUPPLEMENTED BY MORAL EDUCATION FOR YOUNG PEOPLE, PROMPT INTRODUCTION OF CIVIC EDUCATION, EXTENSIVE ANTI-CRIME PUBLICITY, PROMOTION OF PUBLIC AWARENESS OF THE EVILS OF TRIAD SOCIETIES AND A REHABILITATION PROGRAMME FOR OFFENDERS, WOULD HELP TO CURB CRIMES BY TACKLING THE PROBLEM BOTH AT ITS SOURCE AND AT ITS MANIFESTATION, HE ADDED.

ON THE PROBLEM OF PREVENTING THE POLICE FROM ABUSING POWERS, MR POON SUGGESTED THE SETTING UP OF AN INDEPENDENT BODY WITH MEMBERS DRAWN FROM THE LEGISLATIVE COUNCIL, DISTRICT BOARDS AND THE PUBLIC TO MONITOR ANY POSSIBLE ABUSE OF POWERS AND TO RECEIVE COMPLAINTS.

AS TO THE SCHEME OF RENUNCIATION OF TRIAD MEMBERSHIP, HE SAID AN OFFENDER CHARGED ONLY WITH BEING A TRIAD MEMBER AND WHO HAD NEVER PREVIOUSLY COMMITTED ANY OTHER OFFENCE SHOULD RECEIVE A LIGHT SENTENCE SO AS TO MAKE IT EASIER FOR HIM TO TURN OVER A NEW LEAF,

ON THE PROPOSAL TO RESTRICT THE ACTIVITIES OF CONVICTED TRIAD MEMBERS FOR AT LEAST TWO YEARS AFTER DETENTION, MR POON SAID THIS WAS DIFFICULT TO ACCEPT AND WAS CONTRARY TO THE PRINCIPLE OF LAW.

+ IT IS PARTICULARLY UNFAIR TO PERSONS WHO MERELY POSSESS TRIAD MEMBERSHIP BUT HAVE NOT BEEN CONVICTED OF OTHER OFFENCES,+ HE SAID.

MR POON ALSO POINTED OUT THAT THE SUPERVISION ORDER WAS UNREASONABLE BECAUSE IT AMOUNTED TO IMPOSING FURTHER PENALTY AFTER SENTENCING, WHICH WAS AGAINST THE SPIRIT AND PRINCIPLE OF LAW.

+ IF THE SUPERVISION ORDER IS TO BE REGARDED AS PART OF THE WHOLE PENALTY, THEN IT MUST BE PUT BEFORE THE COURT PRIOR TO SENTENCING TO ENABLE THE COURT TO CONSIDER BOTH THE ORDER AND OTHER PENALTIES AS A WHOLE, HE SAID.

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