XN000022-1985-12-04 — Page 42

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WEDNESDAY, DECEMBER 4, 1985

IT ALSO STATED THAT THE EXPLANATIONS OFFERED BY THE SUSPECT SHOULD BE CHECKED AT OR NEAR THE TIME HE GAVE THEM TO ENSURE THAT IF THE EXPLANATION WAS TRUE AND REASONABLE HE WOULD BE RELEASED IMMEDIATELY.

MR THOMAS SAID THE GOVERNMENT'S VIEW WAS REINFORCED BY THE FACT THAT IN THE FIVE AND A HALF YEARS SINCE THE ENACTMENT OF THE LOITERING PROVISIONS, THE CONVICTION RATE HAD NEVER BEEN LESS THAN 60 PER CENT IN ANY ONE YEAR AND HAD AVERAGED 72 PER CENT.

+FURTHERMORE, IN 1984, THE FIRST COMPLETE YEAR FOR WHICH STATISTICS WERE COMPILED, THERE WERE 2 644 PROSECUTIONS FOR LOITERING BUT IN ONLY 183 CASES WERE THERE COMPLAINTS LODGED WITH CAPO. ONLY FOUR OF THOSE WERE SUBSTANTIATED.+

HOWEVER, HE SAID, FOUR WEEKS AGO, THE COURT OF APPEAL, BY A MAJORITY DÉCISION, HAD INTERPRETED ONE OF THE LOITERING PROVISIONS IN A MANNER THAT APPEARED TO REDUCE THE EFFECTIVENESS OF THESE. PROVISIONS IN PREVENTING CRIME AND WOULD LEAD TO CHANGES IN POLICE PROCEDURES.

+THE STRONG DISSENTING OPINION DESCRIBED THE COURT'S DECISION AS HAVING THE EFFECT OF MAKING THE PROVISION 'AN EMPTY SHELL',+ MR THOMAS SAID.

IN VIEW OF THE CONFLICT OF JUDICIAL OPINION, THE CROWN HAD DECIDED TO APPLY FOR LEAVE TO APPEAL TO THE PRIVY COUNCIL AND THE APPLICATION WOULD BE HEARD ON DECEMBER 19, HE ADDED.

ASSISTANCE FOR TEACHERS TO HANDLE UNRULY PUPILS

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THE EDUCATION DEPARTMENT HAS BEEN VERY CONSCIOUS OF THE NEED TO GIVE TEACHERS EVERY POSSIBLE ASSISTANCE IN DEALING WITH UNRULY AND DELINQUENT PUPILS, THE SECRETARY FOR EDUCATION AND MANPOWER, THE HON NE IL HENDERSON, SAID TODAY.

IN REPLY TO A QUESTION BY THE HON RITA FAN, HE SAID A STANDING COMMITTEE ON UNRULY AND DEL INQUENT BEHAVIOUR IN SCHOOLS WAS ESTABLISHED IN 1982 UNDER THE CHAIRMANSHIP OF THE DEPUTY DIRECTOR OF EDUCATION TO KEEP THE MATTER UNDER REVIEW AND TO CONSIDER CONSTRUCTIVE MEASURES TO ASSIST TEACHERS.

/HE SAID