TNAG-1447-FCO40-1931-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1986 — Page 227

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

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10.6

(a)

(b)

(c)

unless fingerprints were taken there would be no way of guaranteeing the integrity of the records;

by keeping records for a minimum of three years, those of some individuals would have to be kept beyond the date at which they would otherwise normally be expunged; and

if the existence of such records were known, then it might be difficult to refuse to accede to any request from a court or foreign consulate (in respect of emigration matters) to have them

revealed.

The WGY is continuing to examine these matters with a view to finding ways of overcoming the difficulties and minimizing any adverse repurcussions that might arise from the maintenance of such records.

10.7

On the question of guidelines for the administration of the scheme, the WGY agreed that, if possible, these should incorporate the following elements

10.8

(a)

(b)

a Police Superintendent should consider exercising his discretion in favour of cautioning when

(i) there is evidence to support a

prosecution; and

(ii) the juvenile concerned admits the

offence;

Police Superintendents should be advised that the prosecution of juveniles is not a step to be taken lightly. When the case of a juvenile is brought to the attention of a Police Superintendent, the Superintendent should normally administer a caution unless he is persuaded that there are good grounds for doing otherwise.

The implementation of these guidelines is currently the subject of discussion between the Attorney General's Chambers and the Commissioner of Police.

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