TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 114

these measures.

10. However, the introduction as from 1st April, 1973

of legal aid in a substantial proportion of criminal trials in

the District Court should, it is suggested, reduce the amount

of criticism likely to be put forward from that quarter. The

increase in powers of sentence is likely to be welcomed by

the public, as evidence that a tougher attitude is being taken

with regard to sentences of imprisonment, though the main

purpose is to adjust the burden of judicial work as between

the various courts.

CRIMINAL PROCEDURE (AMENDMENT) BILL 1973.

11.

During the debate on the Governor's address, on the

15th November, 1972, the Attorney General said that the Govern

ment was considering the introduction of a system of preventive

detention, the object of which is to remove habitual criminals

for long periods from society.

12. A form of preventive detention was in force in the

United Kingdom for almost 20 years after the war and provided

that a person who had been convicted of a serious crime on

three or more previous occasions, and had been sentenced to at

least two custodial sentences, could be detained as a habitual

criminal for between 5 to 14 years. It is, however, fair to

point out that it was abolished in the U.K. in 1967 because

it was considered to have failed in its purpose, because the

courts were reluctant to make use of it. The main reason for

this reluctance was that courts did not like passing a.sentence

of imprisonment for longer than. was appropriate for the offence

of which the accused had just been convicted. The Bill seeks

to avoid this objection by providing that an ordinary sentence

shall be passed for the offence, and one of preventive

detention added thereafter.