TNAG-1705-FCO40-2377-Counterfeiting-and-forgery-provisions-in-Hong-Kong-1987 — Page 33

ANNEX A

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HONG KONG LEGISLATIVE COUNCIL 6th November 1975

[The ColoniaL SECRETARY] Motion

The Government accepts that the prevalence of crime has become a major challenge. The desire for mutual protection of person and property is perhaps the most important single motive which has im- pelled men to form themselves into groups at all stages of civilization and the fulfilment of this desire becomes one of the fundamental tasks of any Government. An administration which cannot provide a reasonable degree of personal security for its citizens has therefore failed to perform one of the duties which are the foundation of, and justifica- tion for, its existence.

Statistics suggest that the surge of crime is levelling off, although this is scant consolation to a community which had previously enjoyed and rightly expected no more than a moderate degree of lawlessness. We believe that crime can and will be reduced to an acceptable level. But this will demand both an intensification of the efforts of the law enforcement agencies and the willing co-operation of the public.

I urge everyone to take such precautions as are open to them to reduce their vulnerability and above all to report what they see and to be prepared to come forward to give evidence, even though this may involve them in substantial personal inconvenience.

Sentences

Before dealing with the views expressed by several Members on the proper level of punishment I would like to correct any misappre- hension which may have been caused by references made by one Member to the work of the Board of Review for long-term prison sentences.

Every prisoner earns remission for good conduct, at the maximum rate of one-third of the sentence imposed upon him. No doubt the likelihood of such remission is one of the factors which a court will bear in mind when deciding upon the proper length of sentence. While there may be argument as to the amount of remission which should be accorded, it is generally accepted that a system of this kind is essen- tial to good prison administration. We must not lose sight of the objectives of imprisonment among which, in addition to deterrence and punishment, is the reformation of the offender, in the hope that he will not return to unlawful activity on his release.

The Board of Review, under the chairmanship of the Attorney General, considers all long-term sentences at specified intervals and has

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6th November 1975 223

power to recommend early releases to the Governor in exceptional In the circumstances. In practice, such recommendations are rare.

past four years, the Governor has ordered the release of only five prisoners as a result of recommendations of this board. Three of these had shown great courage in giving evidence against prison warders or fellow prisoners in relation to offences committed inside prison, one I hope was suffering from a grave illness and one was an old man. that this will satisfy Members that there is no indiscriminate release of prisoners through the agency of this board,

Honourable Members have, not for the first time, been sharply critical of the general level of sentences imposed by the courts. They have made clear their opinion that the courts have a vital part to play in the community's battle against crime and that the courts are not discharging his role ellectively.

I fear that there is a widespread concern-that the courts are not affording to innocent citizens the measure of protection against criminal conduct which the public expects. This belief is founded on the con- viction that the public is properly protected only if offenders are punished in a manner which manifests the outrage of society at the greed and wickedness that motivate the majority of crimes and which acts as a real deterrent to wrong-doers.

The Attorney General informs me that he has represented to the Chief Justice his concern that current sentences are not severe enough to contribute effectively in Hong Kong's present circumstances to the restoration of law and order.

The courts have to hold a balance between the state and the individual, a task of great difficulty, particularly in a period of law. lessness. But they are not and should not be, insensitive to the feelings and convictions of the society in which they operate. I have no doubt, therefore, that the Chief Justice and the members of the Judiciary will have taken due and careful note of the strength of the views pressed by honourable Members.

Capital Punishment

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It was apparent to me from the tone of the speeches of several members that the implementation of the death penalty in Hong Kong is a matter on which they feel deeply. I well understand the realities of Hong Kong as expressed so forcibly by members, whose views un- doubtedly accurately represent the deeply-held conviction of the great bulk of our population.