TNAG-0315-FCO40-351-Legislation-for-corporal-punishment-in-Hong-Kong-and-for-the-1971 — Page 4

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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on X & B

HKK14/10

Ingenfriera.

En

Mr Wilford

Mr Logan

Ixi

A.R.

งา

1. I understand that in the course of a meeting last week

with Mr Ho Tung Mr Royle asked for a note about recent

legislation enacted in Hong Kong providing for more severe

punishments (with particular reference to corporal punishment)

for dealing with crime, and particularly crimes of violence.

The position is set out below.

THE CORPORAL PUNISHMENT (AMENDMENT) ORDINANCE 1971

2.

This Ordinance was enacted in April. Its main effect

was to add two offences (affray and possession of an offensive weapon in a public place) to the schedule of offences prescribed

under the principal Ordinance on conviction for which a male

person of 16 years or over could be sentenced to caning in

lieu of or in addition to any other punishment.

The matter

was the subject of my submissions of 16 March and 25 March

and Ministerial approval was obtained for the enactment of the

Ordinance.

THE PROBATION OF OFFENDERS (AMENDMENT) ORDINANCE 1971

PA

ANG

6.14.71

3.

This Ordinance was enacted in May 1971. Under the law

and

as it had previously stood, male offenders under 16 years of

age could be sentenced both to probation and to caning;

offenders both under and over 16 years of age could be

sentenced to imprisonment and/or caning on conviction for

specified offences; but if the offender were 16 years old

or more a probation order could not be combined with any other form of sentence. The purpose of the Ordinance (which

LASY PAPER

/had

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