TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 91

Proof of

previous

4

109J.

(1)

For the purpose of deter-

convictions, mining whether an offender is liable to be

etc., for

the purpose

of section

109I.

cf. 1948

sentenced to preventive detention, no account

shall be taken of any previous conviction or C.58, s.23.7 sentence unless notice has been given to the

offender and to the proper officer of the

court at least 3 days before the trial that

it is intended to prove the conviction or

sentence; and unless any such previous con-

viction or sentence is admitted by the offender

the question shall be determined by a judge of

the court.

(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 preven-

tive 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