XN000022-1972-06-30 — Page 10

10

-

Friday, June 30, 1972

BILL ON CRIMINAL DAMAGE TO PROPERTY

The Government is taking steps to modernise and simplify the law

governing offences of damage to property.

Published in today's Gazette is the Crimes (Amendment) Bill 1972,

which is based on the 1971 United Kingdom Criminal Damage Act. This act gave

effect to the recommendations of the English Law Commission and since Hong Kong

law on criminal damage to property has, in most respects, been the same as the

English law, the English Act is being adopted.

The bill creates one basic offence to cover the whole field of damage

to another's property without lawful excuse. Such features as the means used,

the nature of the property, etc., are subsidiary matters which may be relevant

to the sentence imposed by the trial judge.

The maximum penalty for the simple offence of destroying or damaging

If the offence is committed by

another's property is 10 years' imprisonment.

use of fire or if any property is destroyed or damaged with intent to endanger

the life of another, the maximum penalty is life imprisonment.

It is an offence to threaten, or to posses anything with intent, to

destroy property. The maximum penalty for this offence is 10 years' imprisonment.

"Property" is widely defined to include all tangible property except

the flowers and foliage of wild plants. However, other legislation makes it an

offence to sell or possess certain types of flowers or plants and to pluck or

damage flowers and leaves of trees,

/All the ...

Page 10Page 11