XN000022-1978-03-15 — Page 6

WEDNESDAY, MARCH 15, 1978

BILL TO PROHIBIT DISCLOSING NAME OF COMPLAINANTS

IN RAPE CASES

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THE DRAFTING OF A BILL TO AMEND THE LAW SO AS TO PROHIBIT DISCLOSURE OF THE NAME OF COMPLAINANTS IN RAPE CASES HAS NOW BEEN COMPLETED AND WILL BE CONSIDERED BY THE GOVERNOR-IN-COUNCIL LATER THIS MONTH, THE ACTING ATTORNEY GENERAL, THE HON. GARTH THORNTON TOLD THE LEGISLATIVE COUNCIL TODAY.

REPLYING TO A QUESTION BY THE REV. THE HON. JOYCE M. BENNETT, MR. THORNTON SAID IF THE BILL IS ENACTED THEN THE PUBLICATION OF MATTER LIKELY TO LEAD MEMBERS OF THE PUBLIC TO IDENTIFY A WOMAN AS THE COMPLAINANT IN A RAPE CASE WOULD CONSTITUTE AN OFFENCE, UNLESS A JUDGE HAS SPECIFICALLY AUTHORISED PUBLICATION. THE BILL IS MODELLED ON THE ENGLISH SEXUAL OFFENCES (AMENDMENT) ACT OF 1976.

MR. THORNTON SAID THE POLICE WERE ALWAYS CAREFUL IN RELEASING INFORMATION TO THE MEDIA NEVER TO REVEAL THE IDENTIFY OF COMPLAINANTS IN RAPE OR INDECENT ASSAULT CASES.

HE ADDED: +1 AM INFORMED THAT RESPONSIBLE SECTIONS OF THE MEDIA DO NOT AS A MATTER OF PRACTICE PUBLISH THE NAMES OR PHOTOGRAPHS OF COMPLAINANTS IN SUCH CIRCUMSTANCES.+

REFERRING TO THE QUESTION OF REVEALING THE IDENTITY OF VICTIMS OF INDECENT ASSAULT, MR. THORNTON SAID A FREE PRESS AND COURTS OPEN TO THE PUBLIC ARE CORNERSTONES OF OUR HONG KONG WAY OF LIFE AND IT TAKES AN EXCEPTIONAL CASE TO JUSTIFY INTERFERENCE WITH THESE.

+ IT IS FELT THAT RAPE CASES DO PROVIDE SUCH A JUSTIFICATION BUT THE CASE FOR INDECENT ASSAULT IS MUCH LESS STRONG,+

MR. THORNTON ALSO SAID THE REPORT OF THE ADVISORY GROUP ON THE LAW OF RAPE, WHICH PRECEDED THE ENGLISH LEGISLATION, INDICATES THAT THE GROUP DID CONSIDER ANONYMITY IN RELATION TO OTHER OFFENCES THAN RAPE BUT IT MADE NO RECOMMENDATION.

HE SAID: THE GROUP FELT THAT THERE WERE PROBLEMS PECULIARLY AND SPECIFICALLY APPLICABLE TO THE CRIME OF RAPE WHICH JUSTIFIED TREATING RAPE DIFFERENTLY FROM OTHER OFFENCES.

+ IT ACCEPTED THAT THE VERY FACT OF HAVING BEEN INVOLVED IN A RAPE CASE IS LIABLE TO HAVE EMBARRASSING OR EVEN DAMAGING CONSEQUENCES FOR A WOMAN.

+ INDECENT ASSAULT IS, OF COURSE, A LESS SERIOUS OFFENCE THAN RAPE AND IT IS ONE WHICH CAN VARY A GREAT DEAL IN ITS SERIOUSNESS. MEN, WOMEN OR CHILDREN MAY BE VICTIMS, + MR. THORNTON SAID.

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