TNAG-0397-FCO40-443-Problem-of-increase-in-crime-in-Hong-Kong-1973 — Page 112

L

Govt its back at

legal attack

Law row

critics

14 MAY 1973 C2 Final)

answered

By RODNEY TASKER

ACTING Solicitor General Garth Thornton today replied to

lawyers' criticism

anti-crime laws.

of

Government's tough new

committee of the Bar

But he added their views, expressed by a Association, had been noted and "will certainly be considered."

The Bar Association's weekend statement slammed almost every aspect of the new laws, which bring in such measures as up to 14 years' preventive detention for "habitual" criminals, caning as a punishment for weapons offenders, and greater powers for distinct Court judges and magistrates.

Mr Thornton, in an exclusive interview, said he was convinced the laws would make a significant contribution to the fight against violent crime.

On preventive detention for those over the age of 25 with four or more convictions he had this to say:

"The increase in serious crime violent crime has led Government to the view that there is a need for a remoulding of the worst of the habitual offenders."

The Bar Association statement thought this measure would be used against petty offenders, rather than "big-time" criminals.

TOUGH NUTS

Mr Thorntor, however, pointed out it could only be used after a court application by the Attorney General "and without any doubt at all the Attorney General will not be making an application for petty offenders."

The only ones will be the "really tough nuts."

The Bar Association was concerned that magistrates who lacked maturity and experience would now have the power to send an offender to prison for four years.

It was worried that the defendant would not be able to have legal aid, or a jury hearing.

Mr Thornton's reply was that the new increased sentences could only be imposed by a principal magistrate appointed by the Chief Justice.

"We would certainly not expect that magistrates would be inexperienced or immature people.

"They would be the most experienced and most able of the magistrates."

He did not think there would be any change as regards the legal aid

4

position as burglary and robbery - which comprised” more than half the

number of criminal cases tried – qualified for legal aid.

On caning for weapons offenders, Mr Thornton siressed that it had always been available as a punishment by courts, apart from a gap between last December and the present.

The mandatory six-month jail sentence for those caught with offensive weapons, criticised by the Bar Association, was also defended by Mir

Thornton.

• Meanwhile, Law Society President Peter C. Wong spoke to the MAIL about an apparent row between his society and Government over a statement on the Anti-Crime Campaign.

The society was approached by Government for its general views on the campaign and last Tuesday issued a statement pledging support for the campaign.

However, this was not released by the Government Information Service until last night - a day after the Bar Association's attack on the Anti-Crime Bills.

"The timing of the relcase of the statement was unfortunate,” Mr Wong agreed.