TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 130

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

4

(2) For the purposes of this section,

evidence that a person has previously been sentenced to preventive detention shall be

evidence of the convictions and sentences which

rendered him liable to that sentence.".

Explanatory Memorandum.

This Bill seeks to introduce a system of preventive detention for persons convicted of serious crimes on 4 or more occasions.

The provisions are based on those of the English Criminal Justice Act, 1943, and will apply to an offender aged not less than 25 years, with not less than four convictions.

It will be open to the Supreme Court or the District Court to sentence an offender to not less than 5 nor more than 14 years' preventive detention, if the

conditions set out in section 1091 are satisfied,

The conditions under which prisoners, subject to

a sentence of preventive detention, are kept will be specified by rules made under the Prisons Ordinance. Since the object of this kind of detention is to keep him in custody because he is a menace to society, and not to punish him, it is intended to provide, in these rules, for a more comfortable conditions of confinement than those applicable to ordinary Prisoners.

Attorney General.

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