TNAG-0315-FCO40-351-Legislation-for-corporal-punishment-in-Hong-Kong-and-for-the-1971 — Page 22

3093

istu

CONFIDENTIAL

Mr. Laird

H.K.O.

12

Mr Wilford

Sir Leslie Monson

Leslie Konson

Mr Jogan

CORPORAL PUNISHMENT IN HONG KONG

PROBLEM

1.

teed.

Ministers recently considered a proposal of the Hong

Kong Government to extend the types of offence for which

caning might be ordered by a Court.

2. The Governor has recently informed us that on the advice

of his Executive Council he has directed that a Bill to

amend the Probation of Offenders Ordinance be introduced

into the Legislative Council. The purpose of the Bill is

to enable the Court to combine the making of a probation

order with a sentence of caning in the case of persons 16 or

over on conviction of an offence specified in the Corporal

Punishment Ordinance.

ARGUMENT

3. Under the existing law, male offenders under 16 years

of age may already be sentenced both to probation and to caning; and offenders both under and over 16 years of age may be

sentenced to imprisonment and/or caning on conviction for

specified offences.

But as the law stands, if the offender

is 16 years old or more a probation order cannot be combined

with any other form of sentence.

14

Ann. 16.

CONFIDENTIAL

/4.