XN000022-1979-11-15 — Page 23

NOTE TO EDITORS &

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THURSDAY, NOVEMBER 15, 1979*

DSW TO OFFICIATE AT SCHOOL'S GRADUATION CEREMONY

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THE DIRECTOR OF SOCIAL WELFARE, MR. THOMAS LEE, WILL TOMORROW (FRIDAY) OFFICIATE AT A GRADUATION CEREMONY OF THE HONG KONG AND KOWLOON CHIU CHOW SCHOOL AT THE CITY HALL.

MR. LEE WILL GIVE A SPEECH ON SCHOOL SOCIAL WORK SERVICE WHICH HELPS STUDENTS SOLVE FAMILY, STUDY OR PERSONAL PROBLEMS. YOU ARE WELCOME TO SEND REPRESENTATIVES TO COVER THE CEREMONY WHICH WILL START AT 4.30 P.M. TOMORROW AT THE CITY HALL CONCERT HALL.

BILL TO UPDATE PROBATION OF OFFENDERS ORDINANCE

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A BILL WHICH SEEKS TO UPDATE THE PROBATION OF OFFENDERS ORDINANCE WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (THURSDAY).

MOVING THE SECOND READING OF THE PROBATION OF OFFENDERS (AMENDMENT) BILL 1979, THE DIRECTOR OF SOCIAL WELFARE, THE HON. THOMAS LEE SAID THE MAIN PURPOSE OF THE BILL WAS TO AMEND SOME SECTIONS IN THE PRINCIPAL ORDINANCE TO MAKE

IT POSSIBLE FOR A MAGISTRATE'S COURT TO REFER A CASE TO A HIGHER COURT FOR ACTION CONCERNING THE ORIGINAL OFFENCE BEFORE PASSING SENTENCE ON THE SECOND OFFENCE.

UNDER EXISTING LEGISLATION, A PERSON WHO IS CURRENTLY THE SUBJECT OF A PROBATION ORDER IMPOSED BY THE HIGH COURT OR THE DISTRICT COURT HAS TO BE DEALT WITH BY THE MAGISTRATE'S COURT IF HE IS CONVICTED OF A FURTHER OFFENCE.

+THIS HAS GIVEN RISE TO A SITUATION WHERE THE MAGISTRATE HAS TO PASS SENTENCE ON THE SECOND OFFENCE WITHOUT KNOWING WHAT COURSE OF ACTION WOULD BE TAKEN BY THE HIGHER COURT REGARDING THE ORIGINAL OFFENCE,+ MR. LEE SAID.

+THIS UNSATISFACTORY SITUATION, RESULTING OCCASIONALLY IN INCONSISTENT SENTENCES BEING PASSED, HAS RECENTLY BEEN THE SUBJECT OF JUDICIAL CRITICISM, HE ADDED.

FURTHER AMENDMENTS ARE PROPOSED IN THE BILL TO ENABLE THE HIGHER COURT TO REFER THE OFFENDER BACK TO THE MAGISTRATE'S COURT AFTER HE HAS BEEN DEALT WITH IN RESPECT OF THE ORIGINAL OFFENCE, OR TO DEAL WITH ALSO THE SECOND OFFENCE ITSELF.

THE BILL ALSO SEEKS TO INCREASE THE PENALTY FOR BREACHING A PROBATION ORDER AND TO DELETE TWO SUB-SECTIONS WHICH ARE REDUNDANT.

DEBATE ON THE BILL WAS ADJOURNED.

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