17
WEDNESDAY, MAY 15, 1991
THE
DISTINCTION BETWEEN THE TWO CLASSB9 OF OFFENCES NAS LAW ABOLISHED IN ENGLAND AND WALES BY THE ENACTMENT OF THE CRIMINAL
THE CRIMINAL LAW ACT 1967 WHICH IMPLEMENTED THE SEVENTH REPORT OF REVISION COMMITTEE.
AS
THE
DISTINCTION
COMMITTEE REMARKED, MR MATHEWS SAID, THE BETWEEN FELONIES AND
AND MISDEMEANOURS HAD BECOME ARCHAIC" COMPLICATED THE LAW UNNECESSARILY" BECAUSE MANY SERIOUS OFFENCES WERE MISDEMEANOURS BUT THERE WERE SOME FELONIES WHICH WERE RELATIVELY MINOR OFFENCES.
MR MATHEWS SAID IN 1986, A WORKING PARTY WAS APPOINTED BY HIS "REDECESSOR TO REVIEW THE MAGISTRATES ORDINANCE AND CRIMINAL PROCEDURE GENERALLY.
OFFENCES
THE WORKING PARTY OBSERVED THAT THE CLASSIFICATION OF AS BEING EITHER FELONIES OR MISDEMEANOURS IN HONG KONG APPEARED TO BE DEFUNCT AND SERVED NO USEFUL PURPOSE.
IN
MAY 1987, THE WORKING PARTY PRODUCED A REPORT THAT THE DISTINCTION BE ABOLISHED.
RECOMMENDING
WAS
HONG KONG A THOROUGH SEARCH THROUGH THE WHOLE OF THE LAWS OF
PROVISIONS WHICH EITHER INSTITUTED IN ORDER TO IDENTIFY THEN SPECIFICALLY REFERRED TO FELONIES AND MISDEMEANOURS OR DRPENDED UPON A DISTINCTION BEING MADE BETWEEN THEM.
THE
BILINGUAL
LAWS
UP, THUS
THE SEARCH WAS COMPLETED LAST YEAR WHEN INFORMATION SYSTEM ON THE ORDINANCES OF HONG KONG WAS SET ENABLING THE BILL TO BE DRAFTED.
THE MR MATHEWS SAID ABOLITION OF THE DISTINCTION WOULD PROVIDE
TO SIMPLIFY AND MODERNISE OPPORTUNITY
THE CRIMINAL LAW WHILE ELIMINATING A DISTINCTION WHICH NO LONGER SERVED ANY USEFUL PURPOSE.
OF
THE
LAW
AS
CLAUSE 2 OF THE
EFFECT BILL WOULD
THE ABOLITION DISTINCTION BETWEEN FELONY AND MISDEMEANOUR AND PROVIDE THAT THE
APPLICABLE ΤΟ
DESCRIBED OFFENCES HITHERTO MISDEMEANOURS SHOULD IN FUTURE APPLY IN THE CASE OF EVERY OFFENCE.
AND PRACTICE
IN
CLAUSE 3 WAS A GENERAL ADAPTATION PROVISION WHICH REPLACED CLASSIFICATION OF OFFENCES AS FELONY OR MISDEMEANOUR
ITH THE SINGLE TERM "OFFENCES".
THERE WERE THREE SCHEDULES TO
THE
LEGISLATION
THE BILL WHICH PROVIDED FOR
OF THE
AMENDMENTS ΤΟ OTHER ORDINANCES AS A RESULT OF THE ABOLITION
ISTINCTION BETWEEN FELONY AND MISDEMEANOUR.
SCHEDULES, WHICH
FURTHER AMENDMENTS TO THE PROVISIONS IN THE *ERE TECHNICAL IN NATURE, WOULD BE INTRODUCED AT THE COMMITTEE STAGE.
DEBATE ON THE BILL WAS ADJOURNED.
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