XN000022-1986-07-30 — Page 28

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WEDNESDAY, JULY 30, 1986

USE OF SPENT CONVECTIONS CAREFULLY STUDIED

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A PROVISION CONCERNING APPLICATION FOR PERMISSION TO USE CONVICTION RECORDS IN LEGAL PROCEEDINGS WAS EXAMINED IN DETAIL BY THE AD HOC GROUP WHICH SCRUTINISED THE REHABILITATION OF OFFENDERS BILL 1986, THE HON MARIA TAM TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

THE BILL STIPULATES THAT IF IT BECOMES NECESSARY TO REVEAL THE PAST CONVICTIONS OF THE ACCUSED OR A WITNESS IN THE COURSE OF A HEARING, THE PARTY WHO WISHES TO USE THE RECORD WOULD HAVE TO APPLY TO THE COURT FOR PERMISSION AND THE JUDGE WOULD DECIDE WHETHER OR NOT APPROVAL SHOULD BE GRANTED TO REVEAL +SPENT+ CONVICTIONS.

SPEAKING DURING THE RESUMED DEBATE ON THE BILL, MISS TAM SAID THE LEGCO AD HOC GROUP HAD DISCUSSED THIS POINT IN DETAIL WITH REPRESENTATIVES OF THE LEGAL DEPARTMENT.

THE INTENTION WAS TO DETERMINE WHETHER OR NOT VICTIMS OF TRAFFIC ACCIDENTS COULD, AS IN THE PAST, INSERT IN THE STATEMENT OF CLAIM THAT THE DEFENDANTS IN QUESTION WERE PREVIOUSLY CONVICTED OF ROAD TRAFFIC OFFENCES IN THE SAME INCIDENT FOR WHICH THEY CLAIMED DAMAGES THROUGH CIVIL PROCEEDINGS.

SHE SAID SOME MEMBERS OF THE AD HOC GROUP REQUESTED THAT THE DISCLOSURE OF SUCH CONVICTIONS IN THE STATEMENT OF CLAIM SHOULD BE ALLOWED AS EXCEPTIONS.

HOWEVER, AFTER DISCUSSING THE MATTER AT TWO SEPARATE MEETINGS, MOST MEMBERS AGREED THAT THE PRINCIPLE OF BARRING THE DISCLOSURE OF + SPENT+ CONVICTIONS AND RESTRICTING THE USE OF SUCH RECORDS WAS RIGHT, SHE SAID.

+ OTHERWISE, WE WILL HAVE TO LOOK AT EVERY INDIVIDUAL CASE TO ESTABLISH ALL POSSIBLE EXCEPTIONS AND, BY DOING SO, THE EFFICIENCY OF THE BILL WOULD BE HAMPERED AND ITS SPIRIT WOULD BE LOST, SHE EXPLAINED,

REGARDING APPLICATIONS FOR EMIGRATION TO OTHER COUNTRIES, MISS TAM EXPLAINED THAT RECORDS OF +SPENT+ CONVICTIONS HAD TO BE REPORTED SINCE THE ORDINANCE COULD NOT BE USED TO CHEAT OVERSEAS IMMIGRATION OFFICES.

/HOWEVER,