Minimum sentences for serious crimes undesirable
The administration is not considering introducing legislation to require the courts to impose specific sentences fixed by law for serious crimes, the Attorney General, the Hon Jeremy Mathews, said today (Wednesday).
In a written reply to a question raised by Dr the Hon David Li Kwok-po in the Legislative Council today, Mr Mathews said there was a specific sentence for murder which was a mandatory sentence of imprisonment for life since the enactment of the Crimes (Amendment) Ordinance 1993.
He noted that other serious crimes did not carry mandatory sentences, but were subject to a maximum sentence.
"The circumstances in which a particular type of offence may be committed are infinitely varied and there may be strong mitigating circumstances in respect of even serious offences.
"A fixed or minimum sentence for serious crimes will not allow the judge to take into account all the relevant circumstances when imposing an appropriate sentence," Mr Mathews said.
He added that one possible effect of having offences which carried a fixed or minimum sentence might be an undesirable reluctance on the part of judges and juries to convict.
End/Wednesday, March 22, 1995
Measures to fight election graft
Following is a question by Dr the Hon David Li Kwok-po and a written reply by the Secretary for Constitutional Affairs, Mr Nicholas Ng, in the Legislative Council today (Wednesday):
Question:
According to the ICAC, 289 complaints on election graft were reported in 1994. In view of the upcoming Legislative Council election this year, will the Government inform this Council what further steps will be taken to ensure that proper procedures will be followed during the election?