XN000022-1986-07-30 — Page 26

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WEDNESDAY, JULY 30, 1986

IN VIEW OF THE CONCERN ON THE DIFFICULTIES WHICH MIGHT BE CAUSED BY THE BILL FOR THOSE WHO SOUGHT TO MAKE REFERENCE TO A SPENT CONVICTION IN SUBSEQUENT CIVIL PROCEEDINGS, MR MATHEWS SAID THE RIGHT RESPONSE WAS FOR THE PLAINTIFF TO OMIT REFERENCE TO THE SPENT CONVICTION IN THE INITIAL PLEADINGS BUT TO ASK LEAVE OF THE COURT TO AMEND THE STATEMENT OF CLAIM AT A LATER STAGE ON THE GROUNDS THAT JUSTICE COULD NOT BE DONE EXCEPT BY THE ADMISSION OF EVIDENCE OF THE CONVICTION.

+ THE SPIRIT OF THIS LEGISLATION WILL BE PRESERVED IF IT IS LEFT TO THE COURT'S DISCRETION TO DECIDE WHETHER OR NOT EVIDENCE OF A PARTICULAR CONVICTION SHOULD BE ADMITTED, HE SAID.

ON THE SUGGESTION THAT ALL ROAD TRAFFIC OFFENCES SHOULD BE REMOVED FROM THE AMBIT OF THE SCHEME, MR MATHEWS SAID THE INTENTION WAS THAT ALL MINOR OFFENCES, OTHER THAN THOSE WHICH WERE TRIAD RELATED, SHOULD FALL WITHIN THE SCHEME.

FINALLY, RESPONDING TO THE HON HILTON CHEONG-LEEN'S CONCERN ON THE AMENDMENT TO THE MAGISTRATES ORDINANCE AS PROPOSED BY THE BILL, HE SAID THE ONLY CHANGE EFFECTED WOULD BE THAT THE MAGISTRATE MUST PROCEED TO, AND RECORD, A CONVICTION BEFORE SENTENCING, AND THAT A CONVICTION PREVIOUSLY +NON-RECORDED+ WOULD NEVERTHELESS HAVE BEEN DISCLOSED BY THE POLICE TO A WOULD-BE EMIGRANT SEEKING A CERTIFICATE OF NO CRIMINAL CONVICTION.

*THE FACT THAT THE OFFENCE IS MINOR OR TECHNICAL CAN ADEQUATELY BE REFLECTED BY THE MAGISTRATE IN IMPOSING A LESSER SENTENCE, HE SAID.

IN CONCLUDING, MR MATHEWS SAID THE SCHEME PROPOSED IN THIS BILL WAS A MODEST ONE BUT IT WAS A WORTHWHILE MEASURE WHICH PROVIDED A BASIC FOR AN EXPANDED SCHEME AT A LATER DATE IF THOUGHT DESIRABLE.

TRUE SPIRIT OF SPENT CONVICTION SCHEME SUPPORTED

*****

THE CONSEQUENCES OF A MINOR OFFENCE SHOULD NOT CRIPPLE A PERSON FOR LIFE AND THAT A PERSON'S EFFORTS TO BECOME STRAIGHT SHOULD NOT BE RUINED BY UNWARRANTED DISCLOSURE OF PREVIOUS CONVICTION, THE HON HUI YIN-FAT TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

AFTER ALL, HE ADDED, THE OFFENDER HAD ALREADY PAID HIS PRICE IN THE PUNITIVE SENSE.

/MR HUI