TNAG-0315-FCO40-351-Legislation-for-corporal-punishment-in-Hong-Kong-and-for-the-1971 — Page 50

2600224 C.S. 84

RESTRICTED

For discussion

on 2nd March 1971

XCR(71)47

Copy No...of 27

MEMORANDUM FOR EXECUTIVE COUNCIL

CORPORAL PUNISHMENT (AMENDMENT) BILL 1971

Annexed for the consideration of Honourable Members is

the Corporal Punishment (Amendment) Bill 1971.

2

Honourable Members will be aware that at a meeting of the Legislative Council on 10th February 1971, the Attorney General told Mr P. C. Woo that Government intended to amend the Corporal Punishment Ordinance (Chapter 222) so as to include the possession of offensive weapons among the offences for which corporal punishment might be awarded.

3

Section 33 of the Public Order Ordinance (Chapter 245) makes it an offence punishable with a fine of $5,000 and two years imprisonment for any person to have with him an offensive weapon in a public place. The expression "offensive weapon" is defined as any article made, or adapted for use, or suitable for causing injury to the person, or intended by the person having it in his possession or under his control for such use by him or by some other person.

4

Police records indicate that in 1967, 73 offences of possession of offensive weapons (i. e. weapons suitable for causing injury and for house-breaking) were reported, in 1969 there were 191, and in 1970, 496.

5

It is suggested that the conferring of power on the courts to order the caning of a person convicted of an offence under section 33 of the Public Order Ordinance and the ordering of caning in appropriate cases will contribute to a reduction of the incidence of this type of crime.

6

The bill annexed will amend the principal Ordinance by adding the new item 9 to Part 1 of the Schedule thereto, so as to enable a court to order a person convicted of having an offensive weapon with him in a public place to be caned.

7

It is also proposed to replace item 2 of Part 1 of the Schedule and to add a new item 10. The substituted item 2 will enable a court to order a person convicted of the offences of robbery, assault with intent to rob or aggravated burglary to be caned. The present item 2 covers only robbery. Item 10 adds an affray (i.e. fighting by two or more persons to the terror of Her Majesty's subjects) to the list of offences for which corporal punishment may be ordered.