TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 92

5.25

39

The supervision could

5.26

establishments;

(a)

involve curfew;

(b)

involve restrictions on entering vice

(c)

(d)

(e)

(£)

(g)

involve restrictions on being found in gambling establishments;

require reporting on a regular basis to a police station;

require reporting of changes of accommodation;

require reporting of changes of employment; and

involve a special form of caution on being charged with a subsequent offence or preceding questioning in relation to that offence at a police station.

The supervision order could be imposed by the courts after sentencing on application from the prosecution. It could be available in respect of a number of offences including blackmail [contrary to section 23 of the Theft Ordinance, Chapter 210], possession of an offensive weapon [contrary to section 33 of the Public Order Ordinance, Chapter 245] or bookmaking or assisting in bookmaking [contrary to section 7 of the Gambling Ordinance, Chapter 148]. It should be noted that there is a great difference between the supervision involved in the Police Supervision Scheme and the current rehabilitative supervision provided by the Correctional Services and Social Welfare

Departments. Hence the need for careful selection of persons to be placed under police supervision.

5.27

The penalties available for breach of a supervision order could be similar to those previously in force, that is a fine of $50,000 [taking account of inflation] and imprisonment for two years.

5.28

While items (a) to (f) for the supervision order are self-explanatory, item (g) requires explanation. The special caution is based on the ideas behind pre-trial questions permitted in Scotland under the Criminal Justice [Scotland] Act 1980. A possible form of caution, which could be imposed at the time he is interviewed in custody or, alternatively at the time he is charged, is -