XN000022-1987-05-20 — Page 10

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IN THE CASE OF VICTIMS WHO ARE MENTALLY DEFECTIVE, THERE WAS THE ADDED DIFFICULTY OF DECIDING WHETHER THEY WERE CAPABLE OF GIVING EVIDENCE TO SUPPORT THE CHARGE AND HOW MUCH WEIGHT A COURT WAS LIKELY TO GIVE TO THEIR EVIDENCE.

+THIS IS ONE OF THE FACTORS CAREFULLY CONSIDERED BY MEMBERS OF MY CHAMBERS WITH THE HELP OF THE POLICE WHEN CONSIDERING WHETHER OR NOT TO PROSECUTE, MR THOMAS SAID.

DESPITE THESE DIFFICULTIES, MR THOMAS SAID 13 PROSECUTIONS FOR SEXUAL OFFENCES AGAINST MENTALLY HANDICAPPED FEMALES WERE INSTITUTED IN 1983, FIVE IN 1984, 15 IN 1985 AND 11 IN 1986.

+1 REGRET THAT NO STATISTICS ARE KEPT TO SHOW THE RESULT OF THESE PROSECUTIONS.+

FINALLY, MR THOMAS TOLD THE COUNCIL THAT THE UNITED KINGDOM WAS NOW CONSIDERING THE USE OF VIDEO EQUIPMENT TO RECORD EVIDENCE TAKEN FROM THOSE SUCH AS YOUNG CHILDREN, WHO MIGHT BE INTIMIDATED BY THE ATMOSPHERE OF A COURTROOM AND FOUND THEMSELVES UNABLE TO GIVE EVIDENCE WITH CONFIDENCE.

+SUCH METHODS, IF THEY EVENTUALLY PROVE ACCEPTABLE, COULD

BECAUSE OF A MENTAL HANDICAP, ALSO BE APPLIED TO PERSONS WHO.

MAY BE SIMILARLY INHIBITED, HE SAID.

POLICY TO LEVY TRUST FUNDS SUPERVISION FEES EXPLAINED

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AN ANNUAL SUPERVISION FEE MIGHT BE CHARGED BY THE GOVERNMENT AGAINST THE INCOME OF A STATUTORY FUND WHEN THE RELEVANT ORDINANCE SETTING UP THE TRUST FUND EMPOWERED IT SO TO DO, THE ACTING FINANCIAL SECRETARY, THE HON JOHN YAXLEY, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

IT IS THE GOVERNMENT'S POLICY TO RECOVER THE FULL COSTS IT INCURS IN SUPERVISING THESE FUNDS AND A CONSIDERABLE DEGREE OF FLEXIBILITY IS IN FACT EXERCISED,+ MR YAXLEY SAID WHEN REPLYING TO A QUESTION BY THE HON YEUNG PÖ-KW/

+THE POLICE CHILDREN'S EDUCATION TRUST AND THE POLICE EDUCATION AND WELFARE TRUST ARE THE TWO FUNDS GRANTED A PARTIAL EXEMPTION.

+THE ORDINANCES CONCERNING THE TWO FUNDS PERMIT THE RECOVERY OF COSTS UP TO A SUM EQUIVALENT TO 2.5 PER CENT OF TOTAL INCOME, THAT IS ABOUT $82 000 PER ANNUM AGAINST ACTUAL ADMINISTRATION COSTS OF $161 000,+ HE SAID.

+IN PRACTICE, THE GOVERNMENT COLLECTS ONLY $30 000. SHORTFALL BEING MET THROUGH A SUBSIDY BY THE TAXPAYER,

THE HE ADDED.

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