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Compensation for crime fighting victims
Following is a question by the Hon Andrew Cheng Kar-foo and a reply by the Secretary for the Treasury, Mr K C Kwong, in the Legislative Council today (Wednesday):
Question:
Under section 18A(1) of the Public Finance Ordinance, the Legislative Council may by resolution award compensation, by way of either a single payment or periodical payments, from the general revenue of the Colony to any person injured in the execution of a moral or legal duty to assist in the prevention of or resistance to crime or any offence, or to the dependants of a person so injured or who dies as a result of such injury. In this connection, will the Government inform this Council:
(a)
(b)
(c)
of the specific policy governing the application of this provision;
of the circumstances under which the Government will apply this provision; and
of the criteria adopted by the Government for determining the amount of compensation?
Reply:
Mr President,
The provisions in Section 18A(1) in the Public Finance Ordinance (Cap.2) first featured in the Compensation (Special Cases) Ordinance enacted in 1949. These provisions were subsequently transferred first to the Interpretation and General Clauses Ordinance enacted in 1966, and then to the Public Finance Ordinance in 1993. When moving the Compensation (Special Cases) Bill in July 1949, the then Attorney General explained that the object was to provide an enabling measure for the award of compensation to a person injured or to the dependants of a person killed in fulfilling a duty to uphold the law. It was made clear then that the legislation would not attempt to prescribe the conditions or circumstances in which an award of compensation should be made or the amount which should be awarded as this would enable each case to be judged on its merits. This remains the situation today.