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THURSDAY, NOVEMBER 6, 1986
MR CHEN CITED AVAILABLE STATISTICS ON THE SENTENCES IMPOSED FOR THREE REPRESENTATIVE OFFENCES IN 1985.
HE SAID THE AVERAGE DURATION OF IMPRISONMENT IMPOSED FOR THEFT, THE MAXIMUM PENALTY FOR WHICH WAS 10 YEARS IMPRISONMENT, WAS 0.66 YEARS.
ROBBERY AND RAPE, BOTH WITH A MAXIMUM PENALTY OF LIFE IMPRISONMENT, HAD FIGURES OF 4.3 YEARS AND NINE YEARS RESPECTIVELY, HE SAID.
+THE SENTENCES PASSED BY THE COURTS WERE, ON AVERAGE SUBSTANTIALLY LOWER THAN THE MAXIMUM PENALTY, MR CHEN SAID.
+ALTHOUGH I APPRECIATE THAT EACH CASE MIGHT HAVE ITS UNIQUE CIRCUMSTANCES AND SHOULD THEREFORE BE JUDGED ACCORDING TO ITS OWN MERITS. IT SEEMS OBVIOUS TO ME THAT THE DETERRENT EFFECT OF THE LAW, WHICH I BELIEVE WAS VERY LARGELY DETERMINED ON THE BASIS OF THE MAXIMUM PENALTY, HAS NOT BEEN ACHIEVED.
+THIS IS PARTICULARLY THE CASE WITH YOUNG OFFENDERS AS IT WOULD CREATE A FALSE IMPRESSION THAT, WITH LITTLE OR NO PREVIOUS CRIMINAL RECORD, THEY COULD GET AWAY WITH THEIR WRONGDOINGS BY SERVING A RELATIVELY LIGHT SENTENCE.+
MR CHEN SAID THAT THERE WAS NOTHING MORE FRUSTRATING TO THE POLICE THAN TO SEE ALL THEIR EFFORTS LEADING TO THE ARREST AND PROSECUTION OF CRIMINALS GO ASTRAY AS A RESULT OF LENIENT SENTENCES HANDED DOWN BY THE COURTS.
IN ADDITION, HE SAID, THE DISCUSSION DOCUMENT ON OPTIONS FOR CHANGES IN THE LAW AND IN THE ADMINISTRATION OF THE LAW TO COUNTER THE TRIAD PROBLEM CITED THIS AS A SIGNIFICANT PROBLEM+ IN RESPECT OF THE CONTROL OF TRIADS AND THE ENFORCEMENT OF THE SOCIETIES ORDINANCE.
DURING THE ADJOURNMENT DEBATE ON THE DISCUSSION DOCUMENT ON TRIADS ON JULY 9, SOME COUNCILLORS HAD URGED THE JUDICIARY TO IMPOSE HEAVIER PENALTIES ON CONVICTED TRIADS, HE ADDED.
MR CHEN SAID THE TIME WAS OPPORTUNE FOR CONSIDERATION TO BE GIVEN TO STIPULATING A MINIMUM+ PENALTY FOR CERTAIN OFFENCES.
THERE MIGHT BE PRACTICAL DIFFICULTIES INVOLVED IN IMPLEMENTING THE PROPOSAL. HOWEVER, ONCE THE GENERAL PRINCIPLE OF MINIMUM PENALTY WAS ACCEPTED, THOSE TECHNICALITIES COULD BE RESOLVED.
HE SUGGESTED THAT AS A FIRST STEP, A FEW COMMON OFFENCES WHICH AFFECTED NORMAL DAILY LIFE COULD BE CHOSEN UNDER A PILOT SCHEME FOR A LEGISLATIVE AMENDMENT EXERCISE.
+AFTER A PERIOD OF TRIAL, SAY FOR A FEW YEARS, IF THE CRIME RATE IS REDUCED AS A RESULT, THEN A FULL LEGISLATIVE AMENDMENT EXERCISE COVERING MORE EXTENSIVE AREAS COULD BE MOUNTED, + MR CHEN ADDED.
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