XN000022-1995-12-06 — Page 9

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AG moves second reading of Crimes (Amendment) Bill

Following is the speech by the Attorney General, the Hon Jeremy Mathew's, in moving the second reading of the Crimes (Amendment) Bill 1995, in the Legislative Council today (Wednesday):

Mr President,

I move that the Crimes (Amendment) Bill 1995 be read a second time.

The purpose of the Bill is to codify the preliminary offences of conspiracy, attempt and incitement.

These offences, which are generally referred to as the preliminary offences, form an important part of the criminal law. They provide sanctions against those who are engaged in activities preparatory to objectives which are prohibited by law. In Hong Kong, the law governing these preliminary offences is based almost entirely on judicial precedents. That law is in certain respects unclear and lacking in precision.

In March 1994, the Law Reform Commission published a report recommending the codification of the preliminary offences, based largely on relevant legislation in the United Kingdom. Such a codification would result in the following benefits -

• it would enhance accessibility in that it would no longer be necessary to consult a large number of cases to find out what the law was;

* it would be more comprehensible to lawyers and non-lawyers alike; and

* it would be more certain in its operation.

In addition to setting out the law in legislative form, the Commission recommended its amendment and improvement in two key areas. First, the defence of impossibility (which at present can lead to anomalous results) should be abolished in respect of all three preliminary offences and secondly, the common law offences of conspiracy to corrupt public morals and outrage public decency should be abolished.

The Commission's proposals followed extensive consultation within the legal profession, the Judiciary, the tertiary institutions and law enforcement agencies.