XN000022-1986-07-30 — Page 31

1

28

WEDNESDAY, JULY 30, 1986

+ IN PRINCIPLE, IF IT COULD BE PROVED THAT CERTAIN TRIAD MEMBERS TRULY WANT TO RENOUNCE THE IR TRIAD AFFILIATION AND IF THE MINOR NATURE OF THEIR FIRST OFFENCE COULD BE COVERED BY THE STIPULATIONS OF THE BILL, THEN THEY SHOULD ALSO BE ELIGIBLE FOR INCLUSION UNDER THE REHABILITATION SCHEME, SHE SAID.

HOWEVER, MRS TAM SAID SHE AGREED THAT AT THE PRESENT MOMENT IT WAS NOT NECESSARY TO INCLUDE THOSE WHO HAD BEEN CONVICTED OF TRIAD-RELATED OFFENCES IN THE SPENT CONVICTION SCHEME AS AMENDMENTS TO THE LEGISLATION COULD BE MADE WHEN THE RENUNCIATION SCHEME PROPOSED BY THE DISCUSSION DOCUMENT ON OPTIONS TO COUNTER THE TRIAD PROBLEM WAS IMPLEMENTED.

LEGAL DIFFICULTIES FOUND IN REHABILITATION BILL

*****

THE REHABILITATION OF OFFENDERS BILL 1986 CONTAINS LEGAL DIFFICULTIES ON MATTERS RELATING TO PERSONAL INJURY OR DEATH IN RUNNING DOWN CASES OF TRAFFIC ACCIDENTS, THE HON TAI CHIN-WAH SAID TODAY (WEDNESDAY) DURING THE RESUMED DEBATE ON THE BILL IN THE LEGISLATIVE COUNCIL.

REFERRING TO SECTION 2 OF THE BILL ON NON-ADMISSIBILITY OF EVIDENCE IN CIVIL PROCEEDING AGAINST THE DRIVER WHO HAD BEEN COMMITTED OF A TRAFFIC OFFENCE WHICH RESULTED IN PERSONAL INJURY OR DEATH, MR TAI SAID IT WOULD SERIOUSLY AFFECT THE PLAINTIFF IN PROVING HIS CASE.

HE POINTED OUT THAT IT WAS NOT UNCOMMON FOR A HEARING OF A NORMAL RUNNING DOWN CASE TO TAKE PLACE THREE OR MORE YEARS AFTER THE DEFENDANT HAD BEEN CONVICTED OF A DRIVING OFFENCE IN A MAGISTRATES' COURT.

+ THE NON-ADMISSIBILITY OF A CRIMINAL RECORD WOULD CAUSE PROCEDURAL DIFFICULTIES FOR LEGAL PRACTITIONERS DESPITE THE FACT THAT SECTION 3(2)(D) PROVIDES ADMISSION OF EVIDENCE RELATING TO LEGAL PROCEEDINGS WHERE THE TRIBUNAL IS SATISFIED THAT JUSTICE CANNOT BE DONE WITHOUT THE DISCLOSURE OF THE SPENT CONVICTION, HE SAID,

MR TAI SAID HE FELT THIS WOULD PUT THE PLAINTIFF IN A DISADVANTAGED POSITION BECAUSE THE LEGAL PRACTITIONER HAD TO BEAR THE COSTS FOR THE APPLICATION OF THE DISCLOSURE OF CRIMINAL RECORD.

/+IT ALSO