XN000022-1992-06-06 — Page 4

SATURDAY, JUNE 6, 1992

**THE NATURE OF THE WARNING AND ITS APPLICATION ARE EXTREMELY COMPLICATED AND THE LAW AND PRACTICE HAVE BEEN CRITICISED WIDELY,

10 HE

SAID.

"WE HAVE DECIDED TO FOLLOW THE LEAD OF THE ENGLISH LAW COMMISSION WHICH RECENTLY CALLED FOR ITS ABOLITION THERE, IN LINE WITH OTHER COMMON LAW JURISDICTIONS.

THE ENGLISH LAW COMMISSION HAS. ALSO BEEN CONSIDERING HOW THE OFFENCE OF CONSPIRACY COULD BE BROADENED TO HELP PROSECUTE PEOPLE

ON THE FRINGES OF CRIMINAL ACTIVITIES.

THEIR RECOMMENDATION THAT THE OFFENCE OF AIDING, ABETTING, COUNSELLING AND PROCURING A CONSPIRACY BE INCLUDED IN CRIMINAL CODE IS TO BE ADOPTED HERE IN THE REVISED BILL.

ITS PROPOSED

OF

IS

"SUCH AN OFFENCE WILL MAKE IT EASIER TO PROSECUTE THE HEAD AN ORGANISED CRIME GROUP WHO INSTIGATES THE CONSPIRACY WHERE THERE INSUFFICIENT EVIDENCE TO PROVE THAT HE WAS A MEMBER OF THE

•CONSPIRACY," SAID THE SPOKESMAN.

PROVISION WILL BE MADE TO ALLOW THE PROSECUTION TO INFORM THE COURT DURING THE SENTENCING HEARING ON MATTERS WHICH COULD EFFECT THE SEVERITY OF PUNISHMENT.

SUCH INFORMATION COULD INCLUDE THE PREVALENCE OF THE OFFENCE, ITS FINANCIAL REWARDS, ITS IMPACT ON THE COMMUNITY OR VICTIMS, AND WHETHER THE DEFENDANT HAS BEEN INVOLVED WITH ORGANISED CRIME INCLUDING TRIADS.

PICTURE

"THIS ENABLES THE COURT TO BE INFORMED OF THE BROADER SURROUNDING THE PRESENT CONVICTION BEFORE DECIDING UPON AN APPROPRIATE SENTENCE, BUT WITHOUT PREJUDICING A FAIR TRIAL, HE SAID.

ANOTHER MEASURE IN THE WHITE BILL THAT HAS BEEN EXTENDED BEYOND THE CONFINES OF ORGANISED CRIME IS THAT RELATING TO CONFISCATION AND MONEY LAUNDERING.

PROCEEDS

"THE PROPOSAL WOULD ALLOW THE COURT TO CONFISCATE ALL OF CRIME RECEIVED BY THE CONVICTED PERSON IN CONNECTION WITH THE COMMISSION OF ANY OFFENCE," SAID THE SPOKESMAN.

"WE ALSO PROPOSE THE INTRODUCTION OF A GENERAL MONEY LAUNDERING OFFENCE COVERING THE PROCEEDS OF ALL CRIME, HE ADDED.

REVISED

LEGISLATION WAS

INTO

THE SPOKESMAN SAID DRAFTING OF THE NEARING COMPLETION AND IT WAS HOPED THAT IT COULD BE INTRODUCED THE LEGISLATIVE COUNCIL AS SOON AS POSSIBLE.

TO TRULY REFLECT THE NATURE AND PROPOSALS, THE LEGISLATION WILL BE RENAMED CRIMES BILL 1992.

CONTENT OF THE

REVISED

ORGANISED

AND

SERIOUS

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