TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 149

CONFIDENTIAL

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(e)

(f)

(g)

XCC(72)80

The Board should have power to refuse a claim, or to reduce the amount payable, if the victim's conduct or criminal activity contributed to his own injury.

The Board should be able to increase the amount of compensation payable if the victim is killed or injured when attempting to assist the police to prevent the commission of a crime.

A separate Board should be set up to assess the compensation which should be paid to a person killed or injured by a law-enforcement officer using weapons in the execution of his duty. Com- pensation payable to such a victim should not be on the fixed scale used for assessing compen- sation recommended in paragraph (d), but should be similar to the amount which would be payable in a common law action for damages.

It is possible only to make a guess at the cost of introducing a scheme on the lines recommended by the Working Party. Para- graph 21 of the Report suggests a possible figure of $2 million a year. However, it is likely that this is on the high side, since the amounts which would be awarded to an individual victim in England would probably be considerably higher than in Hong Kong because:

(a)

(b)

under the English scheme, compensation is normally assessed on the basis of common law damages, including an amount for pain and suffering. The Working Party's recommendations suggest that compensation should be based on lack of earning capacity only, and in accordance with the scales used by the Social Welfare Department for compen- sating the victims of natural disasters; and

administrative expenses in England amount to approximately 9% of the total sum paid in compen- sation, since the Board which administers the scheme in England is composed of qualified lawyers, an expensive breed, whereas in Hong Kong it is hoped that the Board would be made up of unpaid unofficials and Government servants, with legal advice available from the Attorney General's Chambers.

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If the recommendations of the Working Party are accepted, no legislation will be required to initiate the scheme, which can be established administratively by order of the Governor. Until guide- lines are set, one central Board should manage that part of it which is related to victims of crimes of violence. Additional Boards may be established later, if they seem necessary for the convenience of the public. City District Officers will in any case assist those who wish to seek compensation by explaining the scheme and advising people how to claim.

CONFIDENTIAL

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