XN000022-1979-05-23 — Page 6

WEDNESDAY, MAY 23, 1979

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+THIRDLY, THOSE FAMILIAR WITH THE OVERCROWDED CONDITION THAT IS HONG KONG HAVE BEEN QUICK TO POINT OUT THAT WHEN A PERSON'S HOME IS A SMALL CUBICLE, TO WISH TO GET OUT OF IT FOR A LITTLE AIR OR SPACE IS HARDLY REPREHENSIBLE.

+NONETHELESS, UNDER THE PRESENT LAW HE COULD BE ARRESTED FOR THAT AND UNDER THE ORIGINAL PROPOSED AMENDMENT SENT TO PRISON FOR TWO YEARS, HE SAID.

MR. LO SAID HE DID NOT DOUBT THE PACKAGE OF AMENDMENTS WILL NOT COMPLETELY SATISFY ALL CRITICS, BUT HE TRUSTED THAT THEY WILL AGREE IT REPRESENTS A CONSIDERABLE IMPROVEMENT ON THE ORIGINAL BILL.

+1 WOULD ASK THEM TO ACCEPT IT IF ONLY IN THE SPIRIT OF GIVING AN ENCOURAGING VOTE OF CONFIDENCE IN OUR IMPROVING POLICE FORCE, HE SAID.

MR. LO, HOWEVER, EXPRESSED CONCERN ABOUT THE DELAYS INVOLVED IN AWAITING TRIAL FOR LOITER ING.

HE POINTED OUT THAT OVER A PERIOD OF 5-1/2 MONTHS, FROM NOVEMBER 1, 1978, OVER 2,500 DAYS WERE SPENT BY PERSONS ACCUSED OF LOITERING IN LAI CHI KOK RECEPTION CENTRE. NONE OF THESE DAYS WAS SPENT BY ANYONE CONVICTED OF ANY CRIME.

OVER A PERIOD OF ABOUT THREE MONTHS, FROM NOVEMBER 27, 1978 TO MARCH 10, 1979, SEVEN PERSONS ACCUSED OF LOITERING SPENT OVER 30 DAYS EACH IN THE RECEPTION CENTRE, AND THEY WERE SUBSEQUENTLY EITHER DISCHARGED OR ACQUITTED.

HE WAS AWARE THAT THE CONVICTION RATE FOR THOSE CHARGED WITH LOITERING WAS HIGH, BUT HE POINTED OUT THAT THE DELAYS WERE AN IMMENSE DETERRENT AGAINST ANYONE PLEADING NOT GUILTY* PARTICULARLY SINCE UNDER THE EXISTING LAW THE MAXIMUM PENALTY FOR LOITERING WAS ONLY. THREE MONTHS.

+ IT IS TRUE THAT THIS COMMENT WOULD NOT APPLY TO A PERSON ABLE TO RAISE BAIL. IN PRACTICAL TERMS, THIS MEANS NO MORE THAN THAT IT HAS BECOME A CRIME TO BE POOR. HE SAID.

WITH THE ENACTMENT OF THE PRESENT BILL, IT COULD BE PRESUMED THAT THE BACKLOG IN THE COURTS WILL INCREASE AND DAYS SPENT IN REMAND WILL LENGTHEN.

+UNLESS EITHER WE DRASTICALLY INCREASE THE ESTABLISHMENT OF MAGISTRATES OR WE BECOME FAR MORE SELECTIVE IN DECIDING WHOM TO PROSECUTE, THE PRESENT BAD POSITION WILL SIMPLY GET WORSE,+ HE SAID. HE URGED THAT SOMETHING BE DONE ABOUT THE PROBLEM.

THE HON. HILTON CHEONG-LEEN AND THE HON. WONG LAM ALSO SPOKE ON THE BILL.

MR. CHEONG-LEEN SUPPORTED GIVING MORE POWERS TO THE POLICE TO ENABLE THEM TO DEAL MORE EFFECTIVELY WITH INDIVIDUALS OR GANGS WHO FRIGHTEN LAW-ABIDING CITIZENS BY THEIR BEHAVIOUR.

/HE SAID,

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