XN000022-1986-03-12 — Page 8

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WEDNESDAY, MARCH 12, 1986

MR THOMAS SAID THE OPPORTUNITY WAS ALSO TAKEN IN THE BILL TO PERMIT HIGHER LEVELS OF PENALTY FOR CERTAIN OFFENCES IN THE EXISTING THEFT ORDINANCE.

THESE INCLUDE FALSE ACCOUNTING, MAKING FALSE STATEMENTS EY COMPANY DIRECTORS AND SUPPRESSION OF CERTAIN DOCUMENTS.

+ IT IS PROPOSED THAT THE EXISTING MAXIMUM PENALTY OF SEVEN YEARS' IMPRISONMENT FOR THESE OFFENCES BE INCREASED TO 10 YEARS TO REFLECT THE TRUE SERIOUSNESS OF THESE OFFENCES,+ HE SAID.

EXPERIENCE IN HONG KONG SHOWED THAT THE COMPLEXITY AND SCALE OF THE FRAUDS INVOLVED IN SUCH OFFENCES OFTEN WARRANTED A HIGHER PENALTY THAN WAS PRESENTLY PRESCRIBED.

+THE PROPOSALS WILL PUT THE MAXIMUM LEVEL FOR THESE OFFENCES ON A PAR WITH OTHER OFFENCES OF A SIMILAR NATURE IN THE ORDINANCE,+ HE SAID.

HE SAID THE LAW SOCIETY, THE BAR ASSOCIATION AND THE LAW FACULTY OF THE UNIVERSITY OF HONG KONG HAD BEEN CONSULTED ON THE BILL.

THE LAW SOCIETY SUPPORTED THE AMENDMENTS PROPOSED, WHILE THE BAR ASSOCIATION AND THE LAW FACULTY OFFERED A NUMBER OF DETAILEL COMMENTS ON THE BILL WHICH HAD SINCE BEEN TAKEN INTO ACCOUNT, ME SAID.

DEBATE ON THE BILL WAS ADJOURNED.

HIGHER MAXIMUM PENALTY SOUGHT FOR FRAUDULENT OFFENCES ******

A BILL SEEKING TO INCREASE THE MAXIMUM PENALTY IMPOSED ON A PERSON WHO HAS BEEN CONVICTED OF THE OFFENCE OF CONSPIRACY TO DEFRAUD FROM SEVEN YEARS' IMPRISONMENT TO 14 YEARS WAS INTRODUCED IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE INTERPRETATION AND GENERAL CLAUSES (AMENDMENT) BILL 1986, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS. SAID THE REASON FOR THE PROPOSAL WAS THAT A MAXIMUM OF SEVEN YEARS WAS CLEARLY OUT OF LINE WITH THE PENALTIES PRESCRIBED IN OTHER ORDINANCES FOR COMPARABLE OFFENCES INVOLVING FRAUD.

+FOR INSTANCE, HE SAID, UNDER THE CRIMES ORDINANCE THE MAXIMUM PENALTY FOR MAKING A FALSE ENTRY IN A BANK BOOK WITH INTENT TO DEFRAUD IS LIFE IMPRISONMENT AND THE MAXIMUM PENALTY FOR FORGING A VALUABLE SECURITY IS 14 YEARS' IMPRISONMENT.

/+THE OFFENCE