TNAG-1924-FCO40-2729-Law-and-order-in-Hong-Kong-1989 — Page 34

LUNFIDENTIAL

15

(a) With regard to the apparent anomaly of

sentencing under section 33 of the Public Order Ordinance, Cap. 245, it would appear

that the intention of the legislature to impose a mandatory period of imprisonment or detention for offences involving the possession of offensive weapons is being circumvented by the imposition of the alternative sentence of corporal punishment.

(e) In considering all these factors I reiterate

my submission that section 33 of the Fahlic Order Ordinance, Cap. 245 be amended to remove corporal punishment as an alternative sentence in order that the intention of the legislature can be carried out. I further suggest that the Corporal Punishment Ordinance, Cap. 222 be amended with a view to restricting the availability of corporal punishment as a sentence to offences in which violence plays-

a necessary part.

CONFIDENTIAL

Sh

(V.M. Duffy, Q.C.) Deputy Crown Prosecutor

26.7.84