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WEDNESDAY, MAY 11, 1988
RECORDABLE, MR BARNES
IN DECIDING WHICH OFFENCES SHOULD BE SAID THE COMMISSIONER WOULD CONSIDER FOUR CRITERIA:
THE GRAVITY OF THE OFFENCE;
THE ATTITUDE IN LAW TO THE OFFENCE WITH REGARD ΤΟ THE PENALTY THAT CAN BE IMPOSED;
KNOWLEDGE OF PREVIOUS
*
THE REQUIREMENTS OF THE COURTS FOR CONVICTIONS WHEN CONSIDERING SENTENCE; AND
THE PREVALENCE OF the offENCE AND THE COMMUNITY'8 ATTITUDE TOWARDS IT.
"THE LIST OF RECORDABLE OFFENCES IS REVIEWED ANNUALLY BY THE POLICE," HE SAID.
THOSE OFFENCES CONSIDERED TO JUSTIFY REMOVAL UNDER THE FOUR CRITERIA WOULD BE OMITTED FROM THE LIST, AND OTHERS MIGHT BE ADDED.
"IN GENERAL THE RECORDABLE
OFFENCES ARE THOSE WHICH ARE PARTICULARLY SERIOUS SUCH AS MURDER, MANSLAUGHTER, RAPE, ABDUCTION, ROBBERY AND OTHER VIOLENT CRIMES, OR CRIMES WHICH ARE REGARDED AS PARTICULARLY OBNOXIOUS BY SOCIETY," MR BARNES SAID.
"AT PRESENT THERE ARE SOME 94 RECORDABLE OFFENCES.
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MR BARNES STRESSED THAT ANY PERSON WHO APPLIED FOR A CNCC, WITH A PREVIOUS CONVICTION FOR AN OFFENCE NO LONGER RECORDABLE, WOULD BE ISSUED WITH A CERTIFICATE.
ON THE RELATIONSHIP BETWEEN THE SPENT CONVICTION SCHEME AND CNCC'S, MR BARNES SAID THE SCHEME HAD NO BEARING ON THE ISSUE OF CNCC'S.
"APPLICANTS FOR VISAS OR IMMIGRATION PERMITS TO CERTAIN COUNTRIES ARE REQUIRED BY THOSE COUNTRIES TO STATE WHETHER THEY HAVE EVER BEEN CONVICTED OF AN OFFENCE," HE REMARKED.
DESIGNED TO CATER FOR LOCAL CONDITIONS, THE SPENT CONVICTION SCHEME COULD NOT PROSCRIBE THE ATTITUDE WHICH OTHER GOVERNMENTS SHOULD TAKE TO OFFENCES, NOR COULD IT BE USED ΤΟ REMOVE ANY INDIVIDUAL'S RESPONSIBILITY TO MAKE A FULL DISCLOSURE OF OFFENCES IF REQUIRED TO DO SO FOR EMIGRATION PURPOSES.
HOWEVER, TO ASSIST APPLICANTS WITH A RECORDED CONVICTION REGARDED AS "SPENT", MR BARNES SAID THE POLICE WOULD STATE IN ANY LETTERS OF REFUSAL TO GRANT A CERTIFICATE THAT "THIS CONVICTION IS REGARDED AS SPENT IN HONG KONG BY VIRTUE OF SECTION 2(1) OF THE REHABILITATION OF OFFENDERS ORDINANCE".
/THE AUTHORITIES
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