XN000022-1974-11-14 — Page 6

THURSDAY, NOVEMBER 14, 1974.

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MR. HOBLEY SAID THAT MAIN SUGGESTION WILL BE THE INTRODUCTION OF A PRESUMPTION THAT A PUBLICATION DEPICTING THE COMMISSION OF CRIME OR ACTS OF VIOLENCE OR CRUELTY IS PRIMA FACIE OBJECTIONABLE IF IT IS AIMED AT CHILDREN AND YOUNG PEOPLE. ANOTHER PROPOSAL WILL EXTEND THE RANGE OF OFFENCES BY PROHIBITING THE POSSESSION FOR THE PURPOSES OF TRADE OR BUSINESS OF SUCH PUBLICATIONS.

REFERRING TO MISS KO'S CALL FOR MORE RESOURCES TO BE DEVOTED TO THE PROSECUTION OF OFFENDERS IN THIS FIELD, MR. HOBLEY SAID THAT IF THE PRESENT DEFICIENCIES IN THE LAW COULD BE CURED TO SOME EXTENT, IN THE FACE OF THE LEVEL OF CRIMINAL ACTIVITY NOW PREVAILING HERE THE POLICE FORCE WOULD HAVE A PRIORITIES PROBLEM.

+IT CANNOT DEVOTE MUCH TIME TO THE SUPPRESSION OF UNDESIRABLE, LITERATURE WITHOUT WITHHOLIDING RESOURCES WHICH ARE COMMITTED TO DEAL WITH OTHER KINDS OF CRIME. THE IMPROVED CONTROLS WHICH WE SHALL PROPOSE WILL STILL NOT BE SIMPLE AND ENFORCEMENT OF THE LAW RELATING TO UNDESIRABLE PUBLICATIONS CANNOT BE LEFT TO BE HANDLED BY INEXPERIENCED OFFICERS. IT CANNOT BE LEFT TO ANY CONSTABLE TO SWEEP UP PUBLICATIONS FROM STALLS AND OTHER PREMISES ASHE PASSES BY.+

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HE WENT ON TO SOUND A NOTE OF CAUTION TO THOSE WHO MIGHT BE DISPOSED TO FOLLOW THE SUGGESTION IN THE REPORT THAT, FAILING ACTION BY THE GOVERNMENT, MEMBERS OF THE COMMUNITY SHOULD BRING PRIVATE PROSECUTIONS.

HE POINTED OUT THAT THE COMMISSIONER OF POLICE WAS WELL AWARE OF THE MEASURE OF PUBLIC CONCERN AND IT WAS HOPED THAT FACILITATION OF POLICE ACTION BY CHANGES IN THE LAW WOULD MAKE IT QUITE UNNECESSARY FOR ANYONE TO CONTEMPLATE PRIVATE PROSECUTIONS.

MEANWHILE, MR. HOBLEY EMPHASISED, POLICE ACTION AGAINST OTHER PORNOGRAPHIC LITERATURE WAS CONTINUOUS THOUGH THE RESOURCES WHICH CAN BE MADE AVAILABLE WERE LIMITED. +IT OFTEN PASSES UNNOTICED HOWEVER AND THERE IS UNDOUBTEDLY A GREAT DEAL OF DUBIOUS MATERIAL IN CIRCULATION.+

TOUCHING ON THE SUBJECT OF COMMUNITY SERVICE ORDERS AS

A PUNISHMENT FOR CRIME, HE SAID THE GOVERNMENT HAD SOUGHT ADVICE AS TO THE SUCCESS OF SUCH A SCHEME IN ENGLAND.

PRELIMINARY ADVICE RECEIVED SO FAR, HE SAID, HAD NOT ENABLED THE GOVERNMENT TO TAKE A FIRM DECISION ONE WAY OR THE OTHER AND A REPORT ON THE ENGLISH SCHEME WAS BEING AWAITED.

+A MAJOR DIFFICULTY, WHICH COULD PROVE INSURMOUNTABLE FOR THE TIME BEING, IS THAT SUCH A SCHEME IS VIABLE ONLY IF COMPREHENSIVE SUPERVISORY SERVICES ARE AVAILABLE.

+AT PRESENT, THAT SEEMS UNLIKELY AND I CAN ONLY BE SOMEWHAT PESSIMISTIC ABOUT THE LIKELIHOOD OF SUCH A SCHEME BEING INTRODUCED IN THE NEAR FUTURE, ASSUMING THAT IT IS OTHERWISE FEASIBLE TO DO SO IN HONG KONG'S CIRCUMSTANCES, HE ADDED.

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