XN000022-1983-07-15 — Page 11

FRIDAY, JULY 15, 1983

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THE COMMITTEE STAGE AND THIRD READING OF THE BILL WILL TAKE PLACE ON AUGUST 3.

ANYONE WHO WISHES TO COMMENT ON THE BILL CAN WRITE TO UMELCO, AT SWIRE HOUSE, 12TH FLOOR, CHATER ROAD, OR THE SECRETARY FOR DISTRICT ADMINISTRATION AT WORLD SHIPPING CENTRE, 13TH FLOOR, CANTON ROAD, KOWLOON.

BILL ON ATTEMPTED OFFENCES

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THE MAXIMUM PENALTY FOR THOSE WHO ATTEMPT, CONSPIRE WITH OTHERS, OR INCITE OTHERS, TO COMMIT AN OFFENCE MAY IN FUTURE BE SIMILAR TO THAT FOR THE SUBSTANTIVE OFFENDERS, IF AN INTERPRETATION AND GENERAL CLAUSES (AMENDMENT) (NO. 3) BILL 1983 PUBLISHED IN THE GAZETTE TODAY IS PASSED INTO LAW.

A GOVERNMENT SPOKESMAN SAID THAT AT PRESENT, ATTEMPTS, CONSPIRACIES AND INCITEMENTS TO COMMIT OFFENCES WHICH ARE

MISDEMEANORS BY COMMON LAW ARE PUNISHABLE BY IMPRISONMENT FOR SEVEN YEARS AND A FINE OF $50 000.

+ IN OTHER WORDS, A PERSON WHO IS CONVICTED OF ATTEMPTED ROBBERY IS LIABLE TO IMPRISONMENT FOR A MAXIMUM PERIOD OF SEVEN YEARS ALTHOUGH, IF HE HAD BEEN SUCCESSFUL IN HIS ATTEMPT, HE WOULD HAVE BEEN LIABLE TO IMPRISONMENT FOR LIFE, HE SAID.

HE POINTED OUT THAT A PERSON WHO ATTEMPTED TO COMMIT AN OFFENCE BUT FAILED DESPITE HIS EFFORTS WAS AS BLAMEWORTHY MORALLY AS IF HE HAD BEEN SUCCESSFUL, AND THOSE WHO CONSPIRED TO COMMIT OFFENCES, OR INCITED OTHERS TO DO SO SHOULD NOT BE TREATED MORE LENIENTLY THAN THOSE WHO SUCCEEDED IN IMPLEMENTING THEIR PLANS.

+THIS PRINCIPLE SHOULD ONLY GIVE WAY WHERE THE PUNISHMENT FOR THE SUBSTANTIVE OFFENCE IS DEATH, HE SAID.

UNDER THE PROPOSED LEGISLATION, THE MAXIMUM PENALTY FOR ATTEMPTS, CONSPIRACIES AND INCITEMENTS, IN THE ABSENCE OF A SPECIFIC PENALTY, SHALL BE THE MAXIMUM PENALTY FOR THE SUBSTANTIVE OFFENCE EXCEPT WHERE THE PENALTY IS DEATH, IN WHICH CASE THE MAXIMUM PENALTY SHALL BE IMPRISONMENT FOR LIFE.

THE BILL WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON JULY 27 AND WILL BE MOVED THROUGH THE COMMITTEE STAGE AND FINAL READING ON AUGUST 3.

ANYONE WHO WISHES TO COMMENT ON THE BILL CAN WRITE TO UMELCO, AT SWIRE HOUSE, 12TH FLOOR, CHATER ROAD, OR TO THE ATTORNEY GENERAL'S CHAMBERS, AT CENTRAL GOVERNMENT OFFICES, LOWER ALBERT ROAD, HONG KONG.