XN000022-1990-10-17 — Page 9

WEDNESDAY, OCTOBER 17, 1990

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MR ASPREY SAID THE ADMINISTRATION HAD GIVEN CAREFUL CONSIDERATION TO THE POSSIBILITY OF RAISING THE MAXIMUM PENALTY FOR SECTION 33 OFFENCES UPON THE REMOVAL OF MANDATORY SENTENCES.

HOWEVER, HE POINTED OUT THAT THE ADMINISTRATION DECIDED AGAINST DOING SO AT PRESENT BECAUSE:

(A) THE EXISTING MAXIMUM PENALTY WAS NOT INADEQUATE GIVEN THAT

THIS OFFENCE WAS ESSENTIALLY A CRIME PREVENTION MEASURE. A SECTION 33 OFFENCE CARRIED A MAXIMUM PENALTY OF THREE YEARS' IMPRISONMENT WHEN TRIED IN THE DISTRICT COURT OR THE HIGH COURT; AND TWO YEARS' IMPRISONMENT WHEN TRIED IN A MAGISTRATE'S COURT; AND

(B)

IF IN ANY PARTICULAR CASE, THE ATTORNEY GENERAL CONSIDERED THAT THE SENTENCE AWARDED WAS MANIFESTLY INADEQUATE, HE MIGHT APPLY TO THE COURT OF APPEAL FOR A REVIEW OF THAT SENTENCE TO ENSURE THAT THE OFFENDER WAS APPROPRIATELY PUNISHED.

MR ASPREY SAID FUTURE TRENDS IN SECTION 33 OFFENCES, ADEQUACY OF THE EXISTING MAXIMUM PENALTIES, WOULD BE MONITORED.

FOR

AND THE CAREFULLY

PENALTIES

"IN PARTICULAR, THE POSSIBLE NEED FOR HIGHER MAXIMUM POSSESSION OF AN OFFENSIVE WEAPON WILL BE RECONSIDERED WHEN THE REFORM COMMISSION HAS COMPLETED ITS REVIEW AND SUBMITTED ITS RECOMMENDATIONS ON POLICE POWERS OF STOP, SEARCH AND SEIZURE,"

LAW

SAID.

DEBATE ON THE BILL WAS ADJOURNED.

HE

0

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TWO-PRONG ACTION TO COUNTER ORGANISED CRIME AND TRIAD

*

ACTION BEING TAKEN TO COUNTER ORGANISED CRIME AND ACTIVITIES INCLUDES BOTH OPERATIONAL AND LEGISLATIVE MEASURES, SECRETARY FOR SECURITY, THE HON ALISTAIR ASPREY, SAID IN LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

LAM, MR ASPREY

TRIAD

THE

THE

SAID

IN REPLY TO A QUESTION BY THE HON PEGGY THAT AS REGARDS OPERATIONAL MEASURES, THE ORGANISED AND SERIOUS CRIME GROUP WOULD CONTINUE TO CONDUCT LONG-TERM INTELLIGENCE-BASED OPERATIONS, AND TO TAKE OFFENSIVE ACTION AGAINST THE HIERARCHIES TRIAD SOCIETIES THROUGHOUT THE TERRITORY.

OF

MR ASPREY ALSO NOTED THAT AT THE REGIONAL AND DISTRICT LEVEL, ACTION HAD BEEN STEPPED UP AGAINST TRIAD ACTIVITIES INCLUDING EXTORTION, LOANSHARKING, DANGEROUS DRUGS, GAMBLING AND VICE.

+

"AS REGARDS LEGISLATIVE MEASURES THIS COUNCIL HAB IN THE PAST YEAR ENACTED LEGISLATION WHICH ENABLES MORE EFFECTIVE LAW ENFORCEMENT ACTION TO BE TAKEN AGAINST GAMBLING, VICE AND DRUG TRAFFICKING WHICH ARE MAJOR REVENUE-PRODUCING ACTIVITIES FOR TRIAD SOCIETIES.

/"WE ARE