TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 41

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

KONG

Howe MAY 24th

73

STANDARD

FOUR Bills aimed at cracking down on yesterday criminals, were introduced in the Legislative Council in support of the government's effort to reduce violent crime.

Among other things, the Bills will increase the sentencing powers of magistrates and district judges, introduce preventive detention for habitual criminals, and tighten the mandatory sentence for possession of .offensive weapons in a public place.

in moving the second reading of the District Court (Amendment) Bill 1973, Acting Attomey General Mr J. Hobley told council that it was essential to enhance the powers of punishment of district court judges if more serious cases, presently tried in the supreme court, were to be tried in the district court.

Detention

fonly for hardened

criminals'

It was therefore proposed to increase the maximum sentence of imprisonment which district court could impose from the present limit of five years to seven years.

a

Speaking on the Magistrates (Amendment) Bill 1973, Mr Hobley said in order to relieve the pressure on the district court, it was proposed that some of its cases should be transfemed to the magistrates'

courts.

To enable the magistrates' courts to deal adquately with such cases, the Bill sought to allow the Chief Justice to appoint principal magistrates with under power of sentence.

Initially, he said, it was intended that five such magistrates should be available to deal with more serious cases.

These selected magistrates would have the power to impose a maximum sentence of four years instead of the present two years. For consecutive sentences the maximum would be five years instead of the present three years.

Mr Hobley said the Chief Justice had applied for the appointment of additional superscale posts of principal magistrates to ensure that the wider powers of sentencing were only exercised by magistrates of considerable experience.

MENACE

4

Violonce victims will get cash aid

A NEW scheme came into effect yesterday for compensating victims of violent crimes and people killed or injured while helping to provent a crime or arresting an offender.

The scheme also provides for compensating persons killed or injured by a police officer, or other law enforcement officer, using a weapon in the execution of his duty.

The introduction of this scheme was announced in the Legislative Council by the acting Attorney General Mr J.W.D. Hobley.

He said it was very opportune to announce the scheme at this time when the Government, in its Fight Violent Crime campaign, was seeking increased help from members of the community and the vital importance of public participation in various ways was being emphasised.

Mr Hobley said the scheme was being introduced in two parts and will be administered by separate boards.

The acting Attorney General said the compensation payable in these cases as mentioned above will be the same as the amount payable from the community relief trust fund and in respect of. selfnjury or death.

On the Criminal Procedure (Amendment) Bill 1973, which seeks to introduce a system of preventive detention for habitual criminals, Mr Hobley said that the system would only be used against "hardened criminals who were a positive menace to society".

Before this Bill could come into force, he said, special arrangements would have to be made for the reception of offenders of this kind.

Since they would not be punished for any particular offence, they would need to be provided with more recreational facilities, better accommodation and food, and less discipline than the ordinary prisoner.

Under the Bill, a sentence of preventive detention would be for a term of not less than five years and not more than 14 years.

However, a sentence of preventive detention might only be passed on the application of the Attorney General and if certain prescribed conditions are met.

The Criminal Injuries Compensation Board can increase the amount by up to double under certain circumstances.

Compensation will not be paid where the loss of eamings is for less than seven days, and in cases where the victim and the offender live together as members of one family.

The other board is the Law Enforcement injuries Compensation Board. It will deal with claims for compensation arising from death or injury caused by a law enforcement officer using a weapon in carrying out his duty.

Mr Hobley said in this case the amount of compensation will be that which would be awarded as damages as law. However, there is a proviso that the award should not be less than the amount payable from the community relief trust fund in respect of injury or death.

The two board will be composed of members of the public and Mr Oswald Cheung has accepted the Govemor's invitation to be chairman of both.

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