XN000022-1986-11-26 — Page 10

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WEDNESDAY, NOVEMBER 26, 1986

MR THOMAS SAID THE LEVEL OF VIOLENT CRIME HAD CONTINUED ITS DOWNWARD TREND IN THE FIRST THREE QUARTERS OF 1986.

IN PARTICULAR THE NUMBER OF ROBBERIES REPORTED DECREASED BY NEARLY 18 PER CENT COMPARED WITH THE SAME PERIOD OF LAST YEAR. ON THE FACE OF IT THERE WAS NO CAUSE FOR MEMBERS TO BE UNDULY CONCERNED.

ON MANDATORY MINIMUM SENTENCES, MR THOMAS SAID THE GOVERNMENT VIEWED IT AS A MEASURE OF LAST RESORT IN ITS FIGHT AGAINST CRIME, TO BE KEPT IN RESERVE IN CASE THERE WAS A SURGE OF SERIOUS CRIMINAL ACTIVITY.

+MANDATORY MINIMUM SENTENCES HAVE NOT FOUND FAVOUR IN OTHER COMMON LAW JURISDICTIONS, HE NOTED.

HE ADDED: THE FLEXIBILITY THAT HAS BEEN CAREFULLY BUILT INTO SENTENCING POLICY IN HONG KONG ALLOWS THE COURTS TO STRIKE A BALANCE BETWEEN THE NEED FOR CONDIGN AND DETERRENT PUNISHMENT REFLECTING THE GRAVITY OF THE OFFENCE, ON THE ONE HAND, AND THE CIRCUMSTANCES OF THE OFFENDER AND THE COMMUNITY'S INTEREST IN HIS REHABILITATION, ON THE OTHER.

+THIS BALANCE CAN ONLY BE ACHIEVED BY ALLOWING OUR COURTS A DISCRETION TO DO JUSTICE IN EACH CASE AND BY MAKING AVAILABLE TO THEM A VARIETY OF SENTENCING OPTIONS,+

HE SAID THE PRACTICE OF THE COURT OF APPEAL IN LAYING DOWN GUIDELINES FOR APPROPRIATE SENTENCING DID MUCH TO ENSURE THAT THE LEVELS OF SENTENCING WERE MAINTAINED.

+IF A PARTICULAR SENTENCE IS THOUGHT TO BE MANIFESTLY INADEQUATE IN THE LIGHT OF THOSE GUIDELINES OR THE NORMS OF SENTENCING, THE ATTORNEY GENERAL MAY APPLY TO THE COURT OF APPEAL FOR A REVIEW OF SENTENCE, HE SAID.

+FOR ALL THESE REASONS THE GOVERNMENT FEELS IT WOULD BE A RETROGRADE STEP TO INTRODUCE MANDATORY MINIMUM SENTENCES FOR THE OFFENCES UNDER CONSIDERATION.+

MR THOMAS CONCLUDED BY POINTING OUT THAT THE GOVERNMENT WAS AT PRESENT EXAMINING THE SELECT COMMITTEE'S REPORT ON COMPLEX COMMERCIAL CRIMES WITH A VIEW TO ITS EARLY IMPLEMENTATION, THE LAW REFORM COMMISSION HAD 11 SUB-COMMITTEES REVIEWING AREAS

AND OF THE LAW WHERE THERE WAS A CASE FOR CHANGE.

+MY CHAMBERS HAS ALSO SET UP A HIGH LEVEL COMMITTEE ACTIVELY PURSUING THE OBJECTIVE OF INCREASED LOCALISATION SO THAT WE CAN MEET THE NEEDS OF HONG KONG IN THE YEARS AHEAD,+ HE ADDED.

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