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We have carefully considered our proposals in the light of case law in the United Kingdom and the European Court of Human Rights, and the relevant provisions in the Hong Kong Bill of Rights. We have concluded that it is appropriate to make adjustments according to these principles. We also recognize the need to give more certainty to the sentences of HMP cases and other discretionary life prisoners. Against this background, we propose that for three existing categories of prisoners, namely, HMP prisoners, young murderers sentenced to mandatory life sentence since 1993 and other discretionary life prisoners, the Chief Justice would make recommendation to the Governor on the appropriate minimum punitive term to be served in each case. For discretionary life cases sentenced after the commencement of the proposed legislation, the trial judge would specify, as part of the discretionary sentence, a punitive minimum term to be served. In all these cases, at the end of the minimum term,, the new Board would consider making recommendations to the Governor on whether the prisoners' sentences should be changed. These proposals would lead to a fairer and more transparent review system, and would enable the prisoner to know his position with greater certainty.

We have also sought to address the other concerns raised by the LegCo Panel on Security and families of HMP prisoners. On the nature of the determination of minimum terms, we have clarified that the existing cases there cannot be a judicial decision on the setting of minimum terms since the trial and the sentencing have already taken place. Instead, the Governor would be making administrative decisions on minimum terms, having regard to the recommendation of the Chief Justice. However, for new discretionary life cases, the trial judge would impose the minimum term as part of the sentence, so the decision would be a judicial one.

On the availability of appeal channels under the proposed arrangements, there would be sufficient safeguards to protect the interest of the prisoner. In particular, for prisoners sentenced before the commencement of the legislation, there would be opportunities for them to make representations to the Governor before their minimum terms are determined. For prisoners sentenced after the commencement of the legislation, appeals to the courts against sentences, including the minimum terms, can be lodged in the normal way. I should also like to stress that the setting of a minimum term would not fetter in any way the Governor's discretion under Article XV of the Letters Patent, or the Chief Executive's discretion under Article 48(12) of the Basic Law, to exercize the prerogative of mercy.

We believe that the provisions in this Bill represent substantial improvements to the present system for reviewing long-term prison sentences, and strike the right balance between the interest of prisoners and the need to protect the safety of the community.

Thank you, Mr President.

End