TNAG-1609-FCO40-22131-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1987 — Page 24

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and

case of minor offences, particularly minor traffic offences.

that the police must take into consideration

Important factors are the nature of the offence, the intention and demeanour of the offender and the absence of any harm done or aggrieved party.

Λ

In November 1986 the Attorney General issued

independent commission Afgans.

Λ

guidelines to the Lee on occasions when it might be in the public interest for ICAC officers formally to caution adult offenders rather than to prosecute them. These guidelines follow very closely those which the Home Office issued in

here on

Lut 1985, I must stress that the decision,whether or not to

PJA caution rests with the Attorney General and not with the ICAS. bommissioner Agaust barseptions;

Earlier this year we considered introducing similar ent

in the Govern guidelines for all her law enforcement departments, on using a formal caution as an alternative to prosecuting adult

offenders.

we

such introduce guidelines

A

After careful consideration decided not to

basically The situation in Hong Kong is rather what it'

is in the United Kingdan different from that which obtains in England. In Hong Kong the Attorney General's Chambers, provide a central prosecuting

and the other disciplied forces authority to which the Folice, have easy access for quick

A

whether to prosecute advice on individual cases.