PUNISHMENT FOR VANDALISM BILL

[Mr Speaker in the Chair]

Bill committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. -[Mr Wee Toon Boon]

Bill considered in Committee.

[Mr Speaker in the Chair]

5.31 p.m.

Clauses 1 and 2 ordered to stand part of the Bill.

Clause 3 -

Mr Wee Toon Boon: Mr Speaker, Sir, I beg to move,

In page 2, lines 25 to 27, to leave out "paragraph (a) of subsection (1) of section 11 of the Minor Offences Ordinance", and insert "any other written law".

The reason for the substitution of the phrase "any other written law" for the expression at present in the Bill is that the substituted phrase will cover not only the Minor Offences Ordinance but also other legislation such as the Penal Code where punishment is provided for stealing.

Amendment agreed to.

Mr Wee Toon Boon: Mr Speaker, Sir, may I seek your guidance? Can I take amendments (2) * and (3) + together?

The Chairman: May I suggest that if the Member wants to speak on them together, he may do so but the amendments should be moved separately.

Mr Wee Toon Boon: Yes. Mr Speaker, Sir, I beg to move,

• In page 2, line 30, to leave out "one", and insert "two".

The Penal Code provides a maximum of three years' imprisonment for theft and for receiving stolen property. Clause 3 of this Bill covers stealing of public property having regard to the provisions in the Penal Code. And in order to avoid inconsistency, it is necessary to increase the penalty in clause 3 of the Bill to a fine not exceeding $2,000 and to imprisonment for a term not exceeding three years.

Amendment agreed to.

Amendment made:

+In page 2, lines 31 and 32, to leave out "six months", and insert "three years". - [Mr Wee Toon Boon]

Mr Wee Toon Boon: Mr Speaker, Sir, I beg to move,

In page 2, line 34, after "caning", to insert "with not less than three strokes and not more than eight strokes".

The provision in clause 3 with regard to caning does not specify the number of strokes of the cane. This leaves the position uncertain and throws a heavy burden on the Court. In order to avoid this, it is considered that provision should be made for the maximum and minimum number of strokes that should be inflicted on persons convicted of the offence, leaving to the Court only the discretion to decide on the number of strokes within the limits provided. Hence the inclusion of a maximum number of eight strokes and a minimum number of three strokes of the cane.

Amendment agreed to.

Mr Wee Toon Boon: Mr Speaker, Sir, I beg to move, In page 2, line 39, to leave out "1", and insert "2".

This amendment is due to drafting and clerical errors.

Amendment agreed to.

The Chairman: There is a note:

In page 2, marginal note, to leave out "Cap. 117.".

This will be done.

Clause 3, as amended, ordered to stand part of the Bill.

Clause 4 -

Mr Wee Toon Boon: Mr Speaker, Sir, I beg to move,

In page 3, line 3, to leave out "1", and insert "2".

This is due to drafting and clerical errors.

Amendment agreed to.

Clause 4, as amended, ordered to stand part of the Bill.

Clauses 5 and 6 ordered to stand part of the Bill.

New Clause (A) - "Presumption For the purposes of any prosecution Cap. 119 under section 411 of the Penal Code, where the stolen property is public property, it shall be presumed, until the contrary is proved, that the person who received or retained such property knew or had reason to believe that such property was stolen public property and also that such person received or retained it dishonestly.". -[Mr Wee Toon Boon]

Brought up, and read the First time.

Mr Wee Toon Boon: Mr Speaker, Sir, I beg to move, "That the clause be read a Second time."

This clause contains provision for the presumption that a person who received or retained stolen public property knew or had reason to believe that such property was stolen public property. This provision is linked with section 411 of the Penal Code which relates to the dishonest receipt of stolen property and is designed to strengthen the case for the prosecution as effectively as possible.

Members of the House are aware that recently many of our fountains were either damaged or had valuable parts stolen from them. The stolen parts, costing hundreds of dollars and which cannot be obtained locally or readily, found their way to second-hand dealers. This new clause is aimed at putting a stop to this kind of vandalism by making it difficult for second-hand dealers to purchase these spare parts.

Question proposed.

Mr Barker: Mr Speaker, Sir, whilst this presumption may be considered by some to be somewhat wide, it is absolutely necessary to include it in order to strengthen the case for the prosecution as effectively as possible. It is not sufficient only to impose a heavy penalty. It is also necessary, particularly under certain circumstances, to make certain that wrong-doers do not escape through various technicalities in the law.

Question put, and agreed to.

Clause read a Second time and added to the Bill.

New Clause (B) - "Cancellation of Where any licensed dealer within second-hand the meaning of the Second-hand dealer's Dealers Ordinance or any dealer in licence upon second-hand goods to whom a certificate conviction of exemption has been granted under the Cap. 200. said Ordinance is convicted under the provisions of section 411 of the Penal Code and the stolen property concerned is public property, the Court shall, in addition to any other penalty that it may impose, cancel any licence or certificate of exemption granted under the said Ordinance to such licensed dealer or such dealer in second-hand goods, as the case may be.". - [Mr Wee Toon Boon]

Brought up, and read the First time.

Mr Wee Toon Boon: Mr Speaker, Sir, I beg to move, "That the clause be read a Second time."

This clause is designed to discourage second-hand dealers from purchasing stolen public property. A second-hand dealer will engage himself in the dishonest act of purchasing or receiving stolen public property only at the risk of his licence being cancelled. No sensible second-hand dealer would risk cancellation of his licence, which is the means of his living, for the purchase of stolen public property of limited value.

Question put, and agreed to.

Clause read a Second time and added to the Bill.

Long title -

Mr Wee Toon Boon: Mr Speaker, Sir, I beg to move,

In page 1, at end, to add "and to make special provisions in regard to certain offences relating to public property".

The inclusion of the new provisions requires the Long Title of the Bill to be expanded by the addition of the words "and to make special provisions in regard to certain offences relating to public property" at the end thereof.

Amendment agreed to.

Bill reported with amendments; read a Third time and passed.