TNAG-1212-FCO40-1515-Crimes-and-sentences-in-Hong-Kong--including-death-sentences-1982 — Page 2

Proposal

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attempted murder (section 10-14), causing danger to life (section 16),

wounding with intent (section 17),

attempted strangulation or suffocation (section 20), using chloroform etc with intent (section 21), causing bodily injury by gunpowder (section 28), causing an explosion with intent to maim

(section 29), and

abortion (section 46(b)).

It is proposed that the maximum penalty for the offence of kidnapping be increased from imprisonment for fourteen years to imprisonment for life. The Offences against the Person (Amendment) Bill, at Annex A, provides accordingly.

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The Commissioner of Police and the Attorney General support the proposal.

Consultation

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The Chief Justice has been consulted, and has expressed the view that the maximum penalty for kidnapping should be life imprisonment.

Public Reaction

9 In view both of recent much-publicised kidnapping incidents, and of the publicity that the calls for increased penalties have received, it is considered that the public will welcome the increase in the maximum penalty now proposed.

Publicity

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A press release will be issued on gazetting.

Financial and Staffing Implications

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In view of the relatively small number of cases of reported kidnappings, it is anticipated that the financial and staffing implications of increasing the maximum penalty will be insignificant.

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Advice Sought

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Members will be asked to advise whether the Offences against the Person (Amendment) Bill 1982, at Annex A, should be 10 introduced into the Legislative Council.

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(The Director of Criminal Investigation (Royal Hong Kong Police) (Mr P.J. CLANCY) and Crown Counsel (Mr Francis CHEUNG) will attend before the Council for the discussion of this item).

11th February 1982 (SCR 1/2801/81 II)

COUNCIL CHAMBER