TNAG-0315-FCO40-351-Legislation-for-corporal-punishment-in-Hong-Kong-and-for-the-1971 — Page 23

CONFIDENTIAL

C

4. The amendment now proposed has been recommended by the

Chief Justice (and is supported by the Director of Social

Welfare) who considers that it should be possible, particularly

in the case of relatively young offenders with no previous

convictions, for caning to be combined with a probation order.

The Bill does not in any way extend the types of offence for

which caning may be ordered and its enactment would have the

merit of enabling courts, in appropriate cases, to combine

sentences of caning with the making of probation orders with

the possibility of reducing the number of cases in which

offenders (particularly first offenders) might otherwise be

sentenced both to caning and imprisonment. The Governor has

reported that the proposed amendment would undoubtedly receive

strong public support in Hong Kong.

5. The Bill was considered by the Governor's Executive

Council on 30 March; it is to be published on 16 April with

a view to its introduction into the Legislative Council on

28 April.

RECOMMENDATION

6. I recommend that the proposed amendment be accepted and

that a reply be sent to Hong Kong telegram No. 222 saying

simply "proposal noted".

14 April 1971

¿Maria

E O Laird

Hong Kong Department

набрали Кита

15.4

CONFIDENT IAL

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