21
WEDNESDAY, DECEMBER 2, 1992
TOUGHER PENALTIES FOR STEALING CARS PROPOSED
THE GOVERNMENT HAS PROPOSED TOUGHER PENALTIES FOR OF "TAKING CONVEYANCE WITHOUT AUTHORITY" (TCWA) IN A BID THE INCREASING PROBLEM OF MISSING VEHICLES.
THE OFFENCE TO OVERCOME
THE THEFT (AMENDMENT) BILL 1992 WHICH WILL BE GAZETTED ON FRIDAY (DECEMBER 4) SEEKS TO INCREASE THE MAXIMUM PENALTY FOR THE OFFENCE OF TCWA TO SEVEN YEARS OF IMPRISONMENT FROM THE EXISTING MAXIMUM OF THREE YEARS.
THE SECRETARY FOR SECURITY, MR ALISTAIR ASPREY, SAID TOUGHER PENALTIES WERE NEEDED IN VIEW OF THE SERIOUSNESS OF THE PROBLEM WHICH SAW THE NUMBER OF MISSING VEHICLES RISE FROM ABOUT 4,400 CASES IN 1989 TO AN ESTIMATED 7,000 CASES THIS YEAR.
THE ANNUAL RATE OF RECOVERY HAS DROPPED FROM 83.2 PER CENT IN 1989 TO 57 PER CENT THIS YEAR.
MR ASPREY SAID AT PRESENT, WERE INITIALLY CLASSIFIED AS TCWA COVER JOYRIDERS' WHO ONLY USE THE
J
ALL CASES OF MISSING VEHICLES AN OFFENCE ORIGINALLY DESIGNED TO VEHICLE FOR A LIMITED PERIOD.
"IF THERE IS EVIDENCE то PROVE THAT THE OFFENDER HAS A CRIMINAL INTENTION OF PERMANENTLY DEPRIVING THE OWNER OF HIS VEHICLE, HE WILL BE CHARGED WITH THE OFFENCE OF THEFT, WHICH CARRIES A MAXIMUM PENALTY OF 10 YEARS' IMPRISONMENT,' HE SAID.
TI
HOWEVER, THE DIFFICULTY IN SECURING THE NECESSARY EVIDENCE TO PROVE THIS CRIMINAL INTENTION HAS BEEN A MAJOR BARRIER FOR THE POLICE TO PROSECUTE UNDER THE OFFENCE OF THEFT.
THIS WAS THE REASON WHY THE OFFENCE OF TCWA WAS CREATED IN UK AND LATER IN HK.
FIRST
"SINCE THE PROOF FOR THEFT MAY NOT BE AVAILABLE EVEN
IN CASES WHERE A PERSON IS CAUGHT TRYING TO BREAK INTO A CAR OR IS ACTUALLY DRIVING THE MISSING CAR, THE POLICE HAVE ΤΟ RESORT то THE LESSER OFFENCE OF TCWA IN MANY CASES, MR ASPREY EXPLAINED.
L
FROM 1989 TO JUNE THIS YEAR, ONLY 37 PEOPLE INVOLVED IN CASES OF MISSING VEHICLES WERE CONVICTED OF "THEFT OF VEHICLES" ONLY 10 WERE IMPRISONED.
DURING THE SAME PERIOD, ABOUT 740 PEOPLE WERE CONVICTED OF TOWA, AND ONLY 58 OF THEM WERE JAILED. THE MOST COMMON PENALTY FOR THOSE CONVICTED OF TCWA WAS A FINE OF $500 TO $1,000.
MR ASPREY SAID THE ATTORNEY GENERAL WAS TRYING TO IDENTIFY SUITABLE CASES TO MAKE AN APPLICATION TO THE COURT OF APPEAL TO REVIEW THE LEVEL OF SENTENCES.
/"IT IS