TNAG-1730-FCO40-2443-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 36

Supplementary to question No.

to augstion

Legco Sitting on 11.5.88

MRS. TAM : Sir, may I refer to paragraph 4 of the answer?

Could the Secretary for Security inform this Council

whether it would not be simpler to make reference to the

maximum penalty of an offence in deciding whether it

should be

be recordable, rather than to rely on a list of

very subjective criteria?

SECRETARY FOR SECURITY : Sir, under the law as it is at

the moment, the commissioner has

commissioner has the duty to counter his

decisions based on these criteria.

supported in a court case, Sir.

This has been recently

MR.

MARTIN LEE

Sir, as I have got a long prepared

supplementary question, I have given prior notice of it to

my hon. neighbour, the Secretary for Security. Bearing in

mind that the legislative intent behind the Rehabilitation

of Offenders Ordinance is to allow an individual to erase

a past minor misdeed, and bearing in mind that the Attorney

General's statement when this Ordinance was introduced

that it was a modest proposal which might be extended at a

later time; will the Administration inform this Council

whether it is prepared to conduct an urgent review of the

scheme under this

following:

Ordinance and in particular on the