TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 77

2600224

C.S. 84

E

(b)

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- 5.

XCR(73)90

the very heavy pressure on accommodation at training centres makes such a reduction desirable.

20

It is not, however, suggested that the period of supervision of a person released from a training centre, which lasts for 4 years from the date of the original sentence, should be reduced. The Commissioner of Police does not favour the reduction from 9 months to 6 months, taking the view that this would be construed as weakness towards young offenders.

Public Order (Amendment) Bill 1973

21

At Annex E is the Public Order (Amendment) Bill, 1973, the object of which is to clarify and replace the existing section which creates the offence of possession of an offensive weapon in a public place.

22

Honourable Members will recall that, by virtue of the Public Order (Amendment) (No 2) Ordinance 1972, which came into effect on the 15th December 1972, a person convicted of an offence under section 33 of the Public Order Ordinance must be sentenced to not less than 6 months' imprisonment or to a detention order under the Detention Centres Ordinance. This section has proved to be effective in practice and there has been a substantial number of convictions under it since the 15th December last.

23

Generally speaking, though no doubt a few of them find a provision for mandatory sentences distasteful, magistrates have loyally applied the section. However, experience of the working of the section has shown that there are loopholes available to a magistrate who is anxious to find one.

24

In particular, the provision for a mandatory sentence only becomes effective "on summary conviction". Section 36 of the Magistrates Ordinance (Chapter 227) and section 3(1) of the Probation of Offenders Ordinance (Chapter 298) enable a magistrate, even where he is satisfied that a charge is proved, to make an order discharging an offender, or make a probation order, without proceeding to conviction. These two sections have been used so as to avoid convicting a person charged with an offence under section 33; this means that the requirement that imprisonment or a detention order must be imposed can be evaded, since this requirement only operates on conviction.

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