TNAG-0315-FCO40-351-Legislation-for-corporal-punishment-in-Hong-Kong-and-for-the-1971 — Page 27

2600224 C.S. 84

For discussion

on 30th March 1971

RESTRICTED

XCR(71)71 Copy No

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MEMORANDUM FOR EXECUTIVE COUNCIL

PROBATION OF OFFENDERS (AMENDMENT) BILL 1971

Annexed for the consideration of Honourable Members is the Probation of Offenders (Amendment) Bill 1971, the purpose of which is to enable a court to combine a probation order with a sentence of caning.

2

At present a male child or young person may be the subject of a probation order and an order for caning under section 15 of the Juvenile Offenders Ordinance (Chapter 226). However, if the offender is of the age of 16 or more, a probation order cannot be combined with any other form of sentence, by virtue of section 3 of the Probation of Offenders Ordinance.

3

The Chief Justice has expressed the view 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, and he has suggested that the legislation be amended so that this can be done. The annexed bill gives effect to the Chief Justice's recommendation.

4

The Commissioner of Prisons, the Commissioner of Police

and the Director of Social Welfare have approved the bill.

5

Honourable Members are asked to advise whether the Probation

of Offenders (Amendment) Bill 1971 should be introduced into the Legislative Council.

(Senior Crown Counsel (Miss J. COLLINS) will attend before

the Council for the discussion of this item).

19th March 1971

(GR 27/3231/53 II)

COUNCIL CHAMBER

RESTRICTED