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The current system for reviewing and determining the sentences of prisoners detained at Executive discretion is fair and transparent and has maintained a proper balance between the interests of the prisoners and the need to protect the public, a Government spokesman said today (May 17).
Detention at Executive discretion was known as detention at Her Majesty's pleasure (HMP) prior to the reversion of sovereignty. Persons who had been convicted of the offence of murder prior to the abolition of capital punishment in 1993 and were below the age of 18 at the date of the offence were detained at HMP for an indeterminate period. As at July 1, 1997, there were 15 such offenders detained at Executive discretion.
In response to concern in some quarters about the indeterminate sentences of these prisoners, the spokesman said they had all been given their respective minimum terms of imprisonment by the Chief Executive on the recommendation of the Chief Justice of the Court of Final Appeal in 1998 in accordance with the requirements of the Criminal Procedure Ordinance.
Soon afterwards in accordance with the Long-term Prison Sentences Review Ordinance, their cases were referred to the independent statutory Long-term Prison Sentences Review Board for review. Further reviews are also conducted by the Board every two years.
Elaborating on the current system, the spokesman explained that the minimum term was a first step in the process of determining whether and when the affected prisoner could be released.
The system has introduced a greater element of certainty into the process in that a young prisoner would know the minimum period that he must serve before being eligible for consideration for release.
The subsequent regular reviews recognise the propensity of young people to change as they mature, and ensure proper monitoring and consideration of each prisoner's rehabilitation progress, so that the Board may consider making a recommendation of a determinate sentence to the Chief Executive at a suitable juncture. So far, one of the 15 prisoners has been given a determinate sentence by the Chief Executive on the recommendation of the Board.
"As a responsible Government, we need to ensure that the interests of the young prisoners are properly balanced against public safety of the community.
"We have already put in place a fair and transparent system to determine the minimum terms of young offenders detained at Executive discretion and regularly review their sentences. This is in line with the principles promulgated by the European Court of Human Rights, as well as the international human rights principles and the Hong Kong Bill of Rights Ordinance," he stressed.
End/Thursday, May 17, 2001
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