(a) suspended sentences (Sections 39-42);
(b) release on licence (Sections 59-62).
In essence Sections 39-42 provide that a court may order that a
sentence of not more than 2 years shall not take effect unless during a specified period (being not less than one year or more than three) the offender commits another offence punishable with
imprisonment. Sections 59-62 provide that the Secretary of State
may, on the recommendation of the Parole Board, release on licence
a person serving
(a) a sentence of imprisonment (other than imprisonment for
life) after he has served not less than one-third of
his sentence or twelve months thereof, whichever expires
the later (Section 60);
(b)
a sentence of life imprisonment, after consultation with
the Lord Chief Justice and the trial judge (Section 61).
There are provisions for the revocation of licences (Section 62)
on the recommendation of the Parole Board or when the Secretary of
State deems it expedient in the public interest.
Section 59
establishes the Parole Board and local review committees.
There
The adoption of suspended sentence and release on licence
would, we realise, be major policy steps for Hong Kong to take in
the treatment of offenders and cannot of course be regarded merely
as devices for use in dealing with communist prisoners.
would, moreover, be difficulties about applying the system to
Hong Kong in the same manner as it is applied in this country.
So far as suspended sentences are concerned, this is in any event
a system involving a judicial as opposed to an administrative act.
It would, therefore, have little relevance to the sort of situation
we are now considering since its use would depend on the discretion
of the courts at the time of passing sentence.
As regards release on licence, this (or some system akin to
it) seems to be a useful power to have up your sleeve; and
although the necessary legislation could probably not be enacted
/ in time
No comments yet.
Private notes are available after approval.