XN000022-1986-07-30 — Page 27

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WEDNESDAY, JULY 30, 1986

MR HUI WAS SPEAKING DURING THE RESUMED DEBATE ON THE REHABILITATION OF OFFENDERS BILL 1986 WHICH PROPOSED A SCHEME TO ENABLE PERSONS CONVICTED OF A MINOR OFFENCE TO TREAT THE CONVICTION AS SPENT FOLLOWING THREE YEARS WITHOUT A FURTHER CONVICTION.

KE THEREFORE DESCRIBED THE BILL OF HAVING CAPTURED THE TRUE SPIRIT OF REHABILITATION OF OFFENDERS.

HE SAID MEMBERS OF A LEGISLATIVE COUNCIL AD HOC GROUP SET UP TO STUDY THE BILL HAD CAREFULLY LOOKED INTO VARIOUS ISSUES INVOLVED AND WERE ON THE WHOLE IN FULL AGREEMENT WITH ITS PROVISIONS.

HOWEVER, MEMBERS BELIEVED THAT THE NET OF THE SCHEME WAS TOO LIMITED BY ONLY COVERING CONVICTIONS OF FINES AND IT SHOULD BE EXTENDED TO INCLUDE PERSONS AWARDED LIGHT PRISON SENTENCES, HE SAID.

+LEGAL PROTECTION GIVEN TO OFFENDERS OF SHORT-TERM IMPRISONMENT UPON THE RECOMMENDATION OF SOCIAL WORKERS, WHICH FALLS IN LINE WITH THE UNITED KINGDOM REHABILITATION OF OFFENDERS ACT 1974, WOULD ENABLE MORE FIRST OFFENDERS TO LIVE DOWN THE IR CONVICTIONS, MR HUI SAID.

FURTHERMORE, THE SPECIFICATION OF CERTAIN PROFESSIONS WHICH WERE EXCEPTIONS TO THE SCHEME WAS ALSO SUBJECT TO ARGUMENT AND REQUIRED RE-CONSIDERATION BY THE ADMINISTRATION, HE ADDED.

ON THE ISSUING OF CERTIFICATE OF NO CONVICTION, MR HUI SAID HONG KONG SHOULD FOLLOW THE EXAMPLE OF UNITED KINGDOM WHERE IT WAS A GENERAL OFFENCE FOR ANY PERSON TO DISCLOSE A CONVICTION OF A +REHABILITATION PERSON+ TO ANOTHER PERSON.

+WHILE THE POLICE COULD RETAIN THE OFFICIAL RECORD, THE PRACTICE OF WITHHOLDING SPENT CONVICTION WOULD ENSURE UNIFORMITY AND CONSISTENCY AMONG ALL GOVERNMENT DEPARTMENTS IN THE ENFORCEMENT OF A NEW LEGISLATION, HE SAID.

MR HU SAID HE HOPED THE ADMINISTRATION WOULD TAKE THIS POINT INTO SERIOUS CONSIDERATION WHEN IT REVIEWED THE BILL IN FUTURE.

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