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WEDNESDAY, JULY 30, 1986
IT WOULD BE MORE REASONABLE AND HUMANE TO KEEP THE RELEVANT SECTION INTACT, HE SAID, AND AMEND THE LAW IF NECESSARY TO PROVIDE THAT THE FACT OF SUCH A ́DISCHARGE IN THE PAST COULD BE BROUGHT TO THE NOTICE OF A COURT ON A SUBSEQUENT CONVICTION IN THE CASE OF PERSISTENT PETTY OFFENDERS.
MR CHEONG-LEEN NOTED THAT SECTION 36 (1) HAD BEEN IN EXISTENCE FOR A LONG TIME AND QUESTIONED WHY THE JUDICIARY HAD AGREED TO THE PROPOSED AMENDMENT,
BY RETAINING THE SECTION, HE SAID, THE MAGISTRATE WOULD BE EVEN BETTER EQUIPPED TO SHIELD ANY MEMBER OF THE PUBLIC FROM BEING TAKEN INTO COURT EITHER BY THE POLICE OR BY A GOVERNMENT DEPARTMENT FOR WHAT WOULD SEEM TO THE MAGISTRATE AN ABUSE OF POWER.
MR CHEONG-LEEN EXPLAINED THAT HE ABSTAINED FROM VOTING ON THE BILL BECAUSE HE CONSIDERED THAT CLAUSE 7 REDUCED THE CAPACITY OF THE INDEPENDENT JUDICIARY FROM BETTER OR MORE FULLY PROTECTING THE PUBLIC AGAINST POSSIBLE PETTY BUREAUCRATIC OR OVER-ZEALOUS HARRASSMENT BY THE EXECUTIVE.
CALL TO REVIEW REHABILITATION OF OFFENDERS LAW
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THE GOVERNMENT SHOULD CONSIDER REVIEWING THE REHABILITATION OF OFFENDERS LEGISLATION FOR A CERTAIN PERIOD OF TIME AFTER ITS ENACTMENT TO SEE WHETHER IT SHOULD BE FURTHER RELAXED.
THE SUGGESTION CAME FROM THE HON ROSANNA TAM DURING THE RESUMED DEBATE ON THE REHABILITATION OF OFFENDERS BILL 1986 IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
NOTING THAT THE BILL WAS WORTHY OF SPIRITUAL SUPPORT, MRS TAM POINTED OUT THAT IT WAS TOO CONSERVATIVE TO LIMIT OFFENDERS COVERED BY THE BILL ONLY TO THOSE WHO HAD BEEN CONVICTED FOR THE FIRST TIME AND WHO HAD NOT BEEN GIVEN A PRISON SENTENCE OR A FINE EXCEEDING $5 000.
SHE SUGGESTED THAT THE GOVERNMENT SHOULD CONSIDER IF THE BILL WAS PASSED, CONDUCTING A REVIEW AFTER A CERTAIN PÉRIOD TO EXAMINE WHETHER IT WAS APPROPRIATE TO ALLOW FURTHER RELAXATIONS.
MRS TAM SAID SHE ALSO FELT THAT THE MINOR NATURE OF SOME TRIAD-RELATED OFFENCES WAS IN LINE WITH THE STIPULATED REQUIREMENTS OF THE BILL AND SHOULD BE INCLUDED UNDER THE REHABILITATION SCHEME.
/+IN PRINCIPLE,
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