XN000022-1991-10-17 — Page 16

THURSDAY, OCTOBER 17, 1991

14

"UNDER THE EXISTING LAW THERE ARE A LARGE NUMBER OF OFFENCES CARRYING DIFFERENT MAXIMUM PENALTIES, DEPENDING ON THE NATURE OF THE

18 OFFENCES

NOT WARRANTED," DOCUMENT FORGED. THIS MULTIPLICITY OF THE ATTORNEY GENERAL EXPLAINED.

+

HE

SAID THE

BILL WOULD

REPLACE

THE

NUMEROUS FORGERY

PROVISIONS WITH THREE BASIC FORMS OF CRIMINAL CONDUCT: MAKING Á FALSÈ AND USING A FALSE INSTRUMENT; MAKING A COPY OF A FALSE INSTRUMENT; INSTRUMENT.

THE BILL WOULD ABOLISH THE OLD COMMON LAW OFFENCE OF WHICH HAD FALLEN INTO DISUSE, THE ATTORNEY GENERAL ADDED.

FORGERY

THE NEW STATUTORY OFFENCE OF FORGERY WAS DEFINED AS THE MAKING IT BE ACCEPTED AS OF Å FÅLSE INSTRUMENT WITH THE INTENTION THAT

SO ACCEPTED IT TO ACT TO HIS OR GENUINE TO CAUSE SOMEBODY WHO ANOTHER'S PREJUDICE.

"INSTRUMENT" so As

THE BILL DEFINED

TO INCLUDE NOT ONLY STORED DOCUMENTS, BUT ANY DEVICE ON WHICH INFORMATION WAS RECORDED OR BY MECHANICAL, ELECTRONIC, OPTICAL OR OTHER MEANS.

"THE LAW WILL THUS NOT ONLY EMBRÁCE SUCH ITEMS AS CHEQUES AND

TO BE APT

INCLUDE MODERN FORMS OF

LETTERS OF CREDIT, BUT WILL INFORMATION TECHNOLOGY," HE SAID.

COINS,

ON COUNTERFEITING CURRENCY NOTES AND

MR MATHEWS SAID THE BILL BROUGHT TOGETHER THE VARIOUS PROVISIONS INTO A SINGLE OFFENCE.

THERE WERE CORRESPONDING OFFENCES OF PASSING

PASSING A COUNTERFEIT COIN, AND POSSESSING NOTE OR COIN, POSSESSING A COUNTERFEIT NOTE OR AN IMPLEMENT FOR THE MANUFACTURE OF SUCH COUNTERFEIT, HE SAID.

FOR MR MATHEWS NOTED THAT THE BILL WOULD GIVE THE SECRETARY MONETARY AFFAIRS A DISCRETION TO PERMIT THE REPRODUCTION OF HONG RONG CURRENCY NOTES AND COINS.

"THIS WILL, FOR EXAMPLE, ENABLE THE LEGITIMATE

LEGITIMATE PRODUCTION OF IMITATION OR THEATRICAL MONEY, WHICH MAY BE MADE WITHOUT ANY CRIMINAL INTENT," HE SAID.

IN LINE WITH THE SIMPLIFICATION OF OFFENCES, THE GENERAL SAID THE BILL RATIONALISED THE SYSTEM OF PENALTIES.

ATTORNEY

"IN GENERAL TERMS, A MAXIMUM PRNÁLTY OF 14 YEARS' IMPRISONMENT

18 PRESCRIBED WHERE THERE IS AN INTENT TO USE AS INSTRUMENT OR COUNTERFEIT NOTE OR COIN; AND THREE WHERE SUCH INTENT IS NOT PROVEN," HE SAID.

GENUINE THE FORGED YEARS' IMPRISONMENT

MR MATHEWS SAID SOME FORGERY AND COUNTERFEITING OFFENCES CURRENTLY CARRIED A MAXIMUM PENALTY OF LIFE IMPRISONMENT.

BUCH

THAT CURRENT SENTENCE

"IN ABANDONING THIS PENALTY, THE BILL RECOGNISES

THE IMPOSITION OF PRINCIPLES RENDER SENTENCING EXTREMELY UNLIKELY. THERE IS NO KNOWN EXAMPLE IN MODERN TIMES," HE

SAID.

/15