XN000022-1992-10-28 — Page 48

WEDNESDAY, OCTOBER 28, 1992

46

ABOLITION OF CAPITAL PUNISHMENT

IT

DRAFT LEGISLATION TO ABOLISH THE DEATH PENALTY AND REPLACE WITH LIFE IMPRISONMENT WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL NEXT MONTH, THE SECRETARY FOR SECURITY, MR ALISTAIR ASPREY, SAID TODAY {WEDNESDAY).

TO THE

THE

THE CRIMES (AMENDMENT) BILL 1992 SEEKS TO GIVE EFFECT MOTION APPROVED BY THE LEGISLATIVE COUNCIL IN JUNE LAST YEAR THAT DEATH PENALTY SHOULD BE REMOVED FROM THE STATUTE BOOK.

THE BILL WILL BE GAZETTED THIS FRIDAY AND BE THE LEGISLATIVE COUNCIL ON NOVEMBER 11.

INTRODUCED INTO

ON

SAID FOR MURDER TREASON AND

ELABORATING ON HIS ANNOUNCEMENT IN THE LEGISLATIVE COUNCIL THE PROPOSED LEGISLATION TO ABOLISH THE DEATH PENALTY, MR ASPREY AT PRESENT, CAPITAL PUNISHMENT WAS THE MANDATORY PENALTY UNDER THE OFFENCES AGAINST THE PERSON ORDINANCE AND FOR PIRACY WITH VIOLENCE UNDER THE CRIMES ORDINANCE.

IN

EMERGENCY

THE DEATH PENALTY MAY ALSO BE PROVIDED FOR BY THE GOVERNOR COUNCIL AS THE

THE OFFENCES UNDER

REGULATIONS.

PUNISHMENT

FOR

THE BILL HAS THE EFFECT OF ABOLISHING CAPITAL PUNISHMENT AS THE SENTENCE FOR ANY OFFENCE.

IN

BE

ITS PLACE, IT IS PROPOSED THAT LIFE IMPRISONMENT SHOULD

WITH VIOLENCE THE MANDATORY SENTENCE FOR MURDER, TREASON AND PIRACY AND THAT MANDATORY LIFE IMPRISONMENT WILL BE THE MAXIMUM SENTENCE THAT THE EMERGENCY MAY BE PROVIDED FOR BY THE GOVERNOR IN COUNCIL UNDER REGULATIONS.

LIFE

SENTENCES

BE WILL

REVIEWED BY THE

OF BOARD

REVIEW YEARS, UNLESS INITIALLY AFTER FIVE YEARS AND SUBSEQUENTLY EVERY TWO

REVIEWED EARLIER AFTER THE GOVERNOR DIRECTS THAT A CASE SHOULD BE HAVING CONSIDERED THE TRIAL JUDGE'S REPORT.

"LIFE IMPRISONMENT

INDEED MEAN WILL

IMPRISONMENT

FOR LIFE

DUE

UNLESS A PRISONER IS ABLE TO CONVINCE THE BOARD OF REVIEW OF LONG TERM

SENTENCES PRISON

AND ULTIMATELY

THAT THE THE GOVERNOR CONVINCE SENTENCE SHOULD AT SOME STAGE BE REDUCED TO A DETERMINATE PERIOD TO CHANGED CIRCUMSTANCES AFTER A LONG PERIOD HAS BEEN SERVED IN JAIL, MR ASPREY SAID.

HE SAID IT

WAS NECESSARY TO PROVIDE A

||

то

COMMITTED

DETERRENT STRONG POTENTIAL KILLERS AND TO ENSURE THAT THOSE WHO NEVERTHELESS

FROM COMMITTING AN MURDER

PUNISHED EFFECTIVELY AND PREVENTED WERE OFFENCE AGAIN BY IMPRISONMENT,

THE IN CASES WHERE A SENTENCE OF LIFE IMPRISONMENT IS IMPOSED,

WRITTEN REPORT GOVERNOR WILL CALL ON THE TRIAL JUDGE TO GIVE HIM A INDICATING ANY SPECIAL CONSIDERATIONS OR MITIGATING CIRCUMSTANCES AND, WHERE APPROPRIATE, WHAT IN HIS VIEW SHOULD BE THE IMPRISONMENT TO BE SERVED.

MINIMUM

TERM

OF

/THIS IS