Acceptance and support will help fight youth crime

(Translated summary)

I agree with the Budget proposal to allocate more funds and manpower to reduce youth crime, and with the Commissioner's remarks on creating 33 Sergeant posts for school liaison.

I have some other suggestions. I urge the Government to give hope to youngsters who have committed minor offences such as shoptheft or fighting. Some of them know that with a criminal record, whatever meaningful deeds they do in future cannot compensate for their stupid acts. Some others, believing they have been blacklisted, may choose the wrong path in life or turn to triads. What the youths need is hope so they can have goals in life.

I suggest that youths who are jailed for less than three months or fined less than $10,000 have their criminal records completely erased if they do not commit any offence within seven years. Existing rehabilitation schemes for offenders cannot completely erase criminal records. However, it is unlikely the youths will ever commit an offence again if they can stay clean during the longer period I suggest. My idea can also help those not benefiting from the Superintendent's Discretion Scheme and they are warned that if they commit an offence again they cannot be covered by my suggestion.

I believe my suggestion, coupled with the counselling services proposed by the Government, will achieve better results. We should not give up these youths and my suggestion, making them aware that the Government and society will be accepting and supportive, will give them hope.

Also, my suggestion, once implemented, will not incur any more public funds, making it even more cost-effective.

PC Chan Chi-wai

Crime Wing replies . . .

We thank the officer for his suggestion. Currently, juvenile offenders under 18 can be dealt with by way of the Police Superintendent's Discretion Scheme (PSDS) instead of prosecution. You can refer to the FPM 34-08 for details of the PSDS. On the other hand, Section 2 of the Rehabilitation of Offenders Ordinance (Cap 297) stipulates:

Where -

(a) an individual has been convicted in Hong Kong of an offence in respect of which he was not sentenced to imprisonment exceeding three months or to a fine exceeding $10,000;

(b) he has not been convicted in Hong Kong on any earlier day of an offence; and,

(c) a period of three years has elapsed without that individual being again convicted in Hong Kong of an offence;

Then -

(i) subject to exceptions of the Ordinance, no evidence shall be admissible in any proceedings which tends to show that that individual was so convicted in Hong Kong;

(ii) any question asked of that individual or any other person relating to, or any obligation imposed on that individual or any other person to disclose that individual's previous convictions, offences, conduct or circumstances shall be treated as not referring to that conviction; and,

(iii) that conviction, or any failure to disclose it shall not be a lawful or proper ground for dismissing or excluding that individual from any office, profession, occupation or employment or for prejudicing him in any way in that office, profession, occupation or employment.

We agree that rehabilitation of offenders who have not been reconvicted for further offences is essential and the existing provisions for the protection of rehabilitated individuals are sufficient taking into consideration that a balance in enforcing the laws should also be maintained.

Shirley Chu Ming-po

Superintendent Crime Support