2600224 C.S. 84
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(d)
(e)
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XCR(70)345
Of the 64, 171 persons given a suspended sentence, 15, 161 (or roughly 23%) were sub- sequently convicted of another offence during the operational period of the suspended sen- tence. Many of the suspended sentences are, however, still in operation, so that the final reconviction rate will in fact be more than 23%. It is estimated that it will be approximately 40%.
The result (as might be expected) is that the introduction of suspended sentences has had the effect of increasing the prison population rather than the reverse. The average prison population of about 35,000 in 1967 fell initially to 32, 450 in 1968, stood at 34, 700 in 1969, and in 1970 increased to very nearly 40, 000. This is because the number of cases in which a suspended sen- tence is used as an alternative to a sentence of immediate imprisonment is more than offset by cases in which an offender receiving a suspended sentence would not otherwise have been sent to prison and in which the sentence is subsequently activated.
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The Chief Justice is aware of the above but has pointed out that, so far as he is aware, one of the main reasons for these shortcomings is that the suspension of prison sentences of less than 6 months is mandatory in the United Kingdom, but will be at the discretion of the trial judge in Hong Kong. (In the report received from the Home Office it is specifically pointed out that the information available does not show how many of the suspended sentences passed were suspended mandatorily, so that no definite conclusions on the aspect can be drawn). The Chief Justice has also pointed out that a 40% reconviction (or failure) rate can equally well be interpreted as a 60% success rate, which indicates that suspended sentences are a successful deterrent. The Chief Justice feels that any course which may avoid the necessity of sending a person to prison and deter him from com- mitting a further offence, which will inevitably result in him being sent to prison, seems to be a step well worth taking and trying.
Magistrates (Amendment) (No 3) Bill 1970
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The more important provisions of this bill are:
(a) Clause 2 will enable a corporation to enter a plea
before a magistrate through a representative of the corporation. At present it must engage a lawyer to enter a plea.
(b) Clause 5 will introduce two new sections imposing restrictions on the reporting of committal proceedings:
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