TNAG-0315-FCO40-351-Legislation-for-corporal-punishment-in-Hong-Kong-and-for-the-1971 — Page 21

CONFIDENTIAL

thá

may be ordered and its enactment would have the

orde

*

merit of enabling courts, in appropriate cases, to

combine sentences of caning with the making of

with the possibility of

Probation Orders thus reducing the number of cases

in which offenders (particularly first offenders might otherwise be

are sentenced both to caning and imprisonment The

Governor has reported that the proposed amendment would

undoubtedly receive strong public support in Hong

Hong. Recommendation

4.

For the reasons given in paragraph 3 above I

recommend that the proposed amendment be accepted.

The Bill was considered by the governor's

Executive Council on 30 March; it is to be

5

published on 16 April with a view to its introduction

into the Legislative Council on 28 April.

consider that this is a matter on which the

Governor might well have sought our views before

referring it to his Executive Council. This is

particularly so since it was only after some

hesitation that Ministers very recently agreed to the

introduction of another Bill to amend the Hong Kong

Corporal Punishment Ordinance by extending the types

of offence for which offenders of 16 years of age and

to

over might be sentenced of caning. For this reason

I think that Ministers will wish to be aware of the

Governor's intention to introduce this further

legislation.

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