XN000022-1979-07-04 — Page 8

WEDNESDAY, JULY 4, 1979

CALL FOR ABOLITION OF IMPRISONMENT OVER DEBT

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THE HON. PETER C. WONG CALLED FOR A STOP TO THE IMPRISONMENT OF CIVIL DEBTORS IN HONG KONG DURING A DEBATE HE INITIATED UNDER THE SUBJECT +POVERTY IS NOT A CRIME+ AT THE ADJOURNMENT OF THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

HE SAID THAT ACCORDING TO THE MODERN APPROACH TO PENOLOGY, IMPRISONMENT, WHICH IS AN EXTREME FORM OF PENALTY BECAUSE IT DEPRIVES A CITIZEN OF HIS PERSONAL LIBERTY, SHOULD OPERATE ONLY WITHIN CRIMINAL LAW.

+ INDEED, ACTION TAKEN AGAINST THE PERSON AS DISTINCT FROM THE PROPERTY OF THE DEBTOR CAN HARDLY BE JUSTIFIED CONCEPTUALLY,+ HE POINTED OUT,

THE AVERAGE ANNUAL NUMBER OF PRISONERS FOR DEBT OVER THE PAST SEVEN YEARS WAS LESS THAN 100 AND THEIR AVERAGE LENGTH OF STAY IN PRISON WAS 24.3 DAYS IN 1977 AND 19.7 DAYS IN 1978.

+ IT IS DISTURBING TO NOTE THAT ON THE AVERAGE AN IMPRISONED DEBTOR WHO HAD NOT COMMITTED ANY CRIME HAD TO SPEND SOME THREE WEEKS IN PRISON.

*THIS IS PARTICULARLY SO WHEN ONE REALISES THAT AT LEAST IN SOME CASES THE DEBT COULD BE ASTONISHINGLY SMALL. THE STIGMA AND ADVERSE PSYCHOLOGICAL EFFECTS OF IMPRISONMENT COULD HAVE FAR- REACHING CONSEQUENCES, MR. WONG SAID.

HE GAVE OTHER REASONS FOR HIS VIEW THAT IMPRISONMENT FOR CIVIL DEBT SHOULD BE ABOLISHED.

HE POINTED OUT THAT EVEN WITH CRIMINAL OFFENDERS, IT HAS LONG BEEN RECOGNISED THAT THEIR MEANS AND BACKGROUND, PARTICULARLY IN THE CASE OF YOUNG OFFENDERS, SHOULD BE INVESTIGATED BEFORE SENTENCE IS PASSED.

+HOWEVER, A CIVIL DEBTOR, WHATEVER HIS AGE, CAN BE IMPRISONED AT THE INSTANCE OF THE CREDITOR WITHOUT THE NECESSITY OF FURNISHING THE COURT WITH A SOCIAL ENQUIRY REPORT,+ HE SAID.

ACADEMICALLY, IT IS DIFFICULT TO ARGUE A CAUSAL CONNECTION BETWEEN THE THREAT FOR IMPRISONMENT FOR DEBT AND A DISPOSITION AMONG CITIZENS TO HONOUR THEIR OBLIGATIONS.

+ADMITTEDLY, THERE ARE PEOPLE WHOSE MORALITY IS BELOW THE AVERAGE COMMERCIAL MORALITY OF THE AGE, BUT THE EXISTENCE OF THE COMMERCIAL MORALITY CAN HARDLY BE MADE DEPENDENT UPON THE THREAT OF IMPRISONMENT, MR. WONG SAID.

ANOTHER REASON HE GAVE AGAINST IMPRISONING DEBTORS IS THE IRONICAL FACT THAT IT MAKES IT MORE DIFFICULT, IF NOT IMPOSSIBLE, FOR THE DEBTOR, WHO CANNOT IMPROVE HIS FINANCIAL POSITION THROUGH IMPRISONMENT, TO DISCHARGE HIS PRESENT OR FUTURE DEBTS.

/B.SIXTS,