撲滅罪行委員會第二十六號報告書

Fight Crime CommitteeReport No.26

2006

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2006

許仕仁議員 ,大紫荊勳賢, GBS, JP政務司司長

The Hon Rafael S Y HUI, GBM,GBS, JPChief Secretary for Administration

主席Chairman

2006

黃仁龍議員, SC, JP律政司司長

The Hon WONG Yan Lung, SC, JPSecretary for Justice

副主席Deputy Chairman

2006非官守成員Non-Official Members

杜國鎏先生, BBS, JPMr Clement TAO Kwok-lau, BBS, JP

社會服務主席：‧上訴委員團 (地產代理條例)

委員：‧公眾集會及遊行上訴委員會

‧青少年罪犯問題常務委員會

‧保護證人覆核委員會

Community ServiceChairman :‧Appeal Panel (Estate Agents Ordinance)

Member :‧Appeal Board on Public Meetings and Processions‧ Standing Committee on Young Offenders‧Witness Protection Review Board

陳韻雲女士, JPMs Vivien CHAN, JP

社會服務主席：‧香港少年領袖團議會

‧旅行代理商諮詢委員會

‧香港旅遊發展局財務及編制委員會

副主席：‧醫院管理局審計委員會

委員：‧香港旅遊發展局

‧醫院管理局

‧威爾斯親王醫院管治委員會

‧空運牌照局

觀察員：

‧投訴警方獨立監察委員會

Community ServiceChairman :‧ Council of Hong Kong Adventure Corps ‧Advisory Committee on Travel Agents‧ Staff and Finance Committee, Hong Kong

Tourism Board

Vice Chairman :‧Audit Committee, Hospital AuthorityMember :‧ Hong Kong Tourism Board‧Hospital Authority‧ Prince of Wales Hospital Governing Committee‧Air Transport Licensing Authority

Lay Observer :‧ Independent Police Complaints Council

2006非官守成員Non-Official Members

邱小菲女士, JPMs YAU Siu-fee, Sylvia, JP

社會服務委員：‧尤德爵士紀念基金信託委員會

‧能源諮詢委員會

‧城市規劃委員會

Community ServiceMember :

‧ Board of Trustees of the Sir Edward Youde Memorial Fund

‧ Energy Advisory Committee‧ Town Planning Board

丘頌云先生Mr YAU Chung-wan

社會服務主席：‧在囚人士教育基金管理委員會

委員：‧課程發展議會

‧保護證人覆核委員會

Community ServiceChairman :

‧Prisoners’ Education Trust Fund Committee

Member :‧ Curriculum Development Council‧Witness Protection Review Board

李國英議員, MH,JPThe Hon LI Kwok-ying , Kevin , MH,JP

社會服務委員：‧立法會議員

‧大埔區議員

‧香港房屋委員會

‧地產代理監管局

‧魚類統營顧問委員會

Community ServiceMember :

‧ Legislative Council‧ Tai Po District Council‧Hong Kong Housing Authority‧ Estate Agents Authority‧ Fish Marketing Advisory Board

阮蘇少湄女士Mrs YUEN SO Siu-mai, Betty

社會服務委員：‧策略發展委員會經濟發展及

與內地經濟合作委員會

Community ServiceMember :

‧ Committee on Economic Development and Economic Cooperation with the Mainland, Commission on Strategic Development

2006

謝永齡博士, MHDr TSE Wing-ling, John, MH

社會服務主席：‧灣仔區撲滅罪行委員會

‧灣仔區議會地區工程及設施管理督導委員會(灣仔先導計劃)

副主席：‧灣仔區議會

委員：‧市政服務上訴委員會

‧道路安全宣傳運動委員會

觀察員：‧投訴警方獨立監察委員會

Community ServiceChairman :‧ Wan Chai District Fight Crime Committee‧District Works and Facilities Management Steering

Committee, Wan Chai District Council (Wan Chai Pilot Scheme)

Vice Chairman:‧ Wan Chai District CouncilMember:‧Municipal Services Appeals Board‧Road Safety Campaign CommitteeLay Observer:‧ Independent Police Complaints Council

方剛議員, JPThe Hon Fang Kang, Vincent, JP

社會服務主席：‧瑪嘉烈醫院管治委員會

‧葵涌醫院管治委員會

委員：‧立法會議員

‧香港旅遊發展局

‧廉政公署審查貪污舉報諮詢委員會

‧香港機場管理局董事會

‧漁業可持續發展委員會

‧香港零售管理協會

Community ServiceChairman :‧Hospital Governing Committee, Princess

Margaret Hospital‧Hospital Governing Committee, Kwai Chung Hospital

Member :‧ Legislative Council‧Hong Kong Tourism Board‧Operations Review Committee, Independent

Commission Against Corruption‧Hong Kong Airport Authority‧ Committee on Sustainable Fisheries‧Hong Kong Retail Management Association

非官守成員Non-Official Members

2006

何志平議員 , GBS, JP民政事務局局長

Dr the Hon. Patrick HO, GBS, JPSecretary for Home Affairs

李少光議員 , IDSM,JP保安局局長

The Hon.Ambrose LEE, IDSM, JPSecretary for Security

李國章議員 , GBS, JP教育統籌局局長

Professor the Hon.Arthur KC LI, GBS, JPSecretary for Education and Manpower

周一嶽議員 , SBS, JP宪生福利及食物局局長

Dr the Hon.York YN CHOW,SBS, JPSecretary for Health, Welfare and Food

李明逵先生 , GBS警務處處長

Mr LEE Ming-kwai, GBSCommissioner of Police

郭亮明先生 , CSDSM懲教署署長Mr KWOK Leung-ming, CSDSM Commissioner ofCorrectional Services

官守成員Official Members

2006撲滅罪行聯席會議照片Photographs of the Fight Crime Conference

1 .1

1 .2

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I (a ) I (b )

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I I I (a ) I I I (b )

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, MH 5 35 85 195 267 177 188 2911 2211 2911 30

, SC , JP 2 208 25

, IDSM, JP 3 1011 27

, GBS 1 204 265 177 288 2511 29

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1998 26 0.4 12 8.6

1999 24 0.3 14 11.7

2000 18 0.2 10 29.8

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2002 34 0.3 6 10.9

2003 34 0.6 9 6.4

2004 16 0.3 6 0.4

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10 11 12 13 14 15 16 17

2006

FIGHT CRIME COMMITTEE

REPORT NO. 26

2006 Fight Crime Committee Report (Report No. 26)

CONTENTS

CHAPTER PAGE

Portraits of Fight Crime Committee (FCC) Members and Photos taken at the 2006 FightCrime Conference

1-8

1 Introduction 93

2 Crime Situation in 2006 95

3 2006 Fight Crime Conference 99

4 Revisiting Current Anti-drug Policy and Identifying Ways to Tackle the Drug AbuseProblem of the Youth

104

5 Risks and Needs Evaluation and Management of Offenders – an Empirically Based Approach to Corrections

106

6 Commercial Crimes 108

7 Publicity Campaign for Rehabilitated Offendersin 2006-07

117

8 Progress of the Police Superintendents’Discretion Scheme

123

9 Fight Crime Publicity Strategy 127

10 Work of District Fight Crime Committees 129

11 Work of Sub-Committees 132

APPENDIX

I(a) FCC Terms of Reference 134

I(b) FCC Membership List for 2006-07 135

90

II(a) Standing Committee on Young Offenders : Terms of Reference and Membership List for 2006-07

136

II(b) Publicity Sub-Committee :Terms of Reference and Membership List for 2006-07

137

III(a) District Fight Crime Committees (DFCCs) : Terms of Reference

138

III(b) DFCC Membership Lists for 2006-07 139

III(c) FCC Roster of Visits to DFCCs in 2006 173

IV Chart : Overall Crimes, 1997-2006 175

V Chart : Violent Crimes, 1997-2006 176

VI Chart : Robberies, 1997-2006 177

VII Chart : Robberies Involving Firearms / Arms(Including Stun Guns) and Pistol-LikeObjects, 1997-2006

178

VIII Table : Reported Cases of Bank and Goldsmith /Watch Shop Robberies, 1997-2006

179

IX Chart : Burglaries, 1997-2006 180

X Chart : Homicides, 1997-2006 181

XI Chart : Wounding and Serious Assaults,1997-2006

182

XII Chart : Serious Narcotics Offences, 1997-2006 183

XIII Chart : Shop Thefts, 1997-2006 184

XIV Chart : Motor Vehicles Reported Missing, 1997-2006

185

XV Chart : Juveniles and Young Persons Arrestedfor Crime, 1997-2006

186

91

XVI Chart : Persons (Aged under 18) Arrested for Crime by Selected Type in 2006

187

XVII Chart : Persons (Aged under 18) Cautioned under the Police Superintendents’Discretion Scheme by Age in 2006

188

92

CHAPTER 1

INTRODUCTION

BACKGROUND

1.1 In March 1973, the Government set up the Fight Violent Crime Committee to tackle the problem of the rising trend of crime since the early 1970s. The Committee was chaired by the then Secretary for Home Affairs and comprisedonly official members. Its terms of reference were to plan, organise and co-ordinate Government and public efforts to assist the Police to combat violent crime. In 1975, the Fight Violent Crime Committee was renamed the Fight Crime Committee (FCC) with its membership expanded to include non-officialmembers.

1.2 In May 1983, the FCC was reconstituted with the then Chief Secretary as its new Chairman. It was tasked to draw up plans to reduce crime,to co-ordinate efforts in fighting crime, to monitor the results and to report progress to the then Governor. The reconstituted Committee submitted its first report to the then Governor in December 1983.

1.3 This is the twenty-sixth report of the Committee. It details the work undertaken by the Committee for the calendar year 2006.

FIGHT CRIME COMMITTEE AND ITS SUB-COMMITTEES

1.4 The FCC consists of 16 members: eight are members of the public appointed by the Chief Secretary for Administration and eight are heads of relevant government policy bureaux and departments. The Committee’s terms of reference and membership list are at Appendices I(a) & I(b). There are twosub-committees under the FCC –

Standing Committee on Young Offenders

Publicity Sub-Committee

Details of the terms of reference and the membership lists of the sub-committeesare at Appendices II(a) & II(b).

MAJOR ISSUES CONSIDERED

1.5 In 2006, the FCC held a total of five meetings. Apart from examining the overall crime situation as well as that of commercial crimes,

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monitoring progress of the Police Superintendents’ Discretion Scheme,implementing the fight crime publicity work and overseeing the work of District Fight Crime Committees (DFCCs), the Committee also revisited the currentanti-drug policy and discussed ways to tackle the drug abuse problem of the youth.Moreover, the Committee examined an integrated risks and needs assessment and management protocol for offenders, newly developed by the Correctional Services Department, for early identification and better management of custodial and re-offending risks of offenders.

DISTRICT FIGHT CRIME COMMITTEES

1.6 DFCCs are established in the 18 districts of the territory. Thesecommittees, which comprise official and non-official members, play an importantpart in promoting the fight against crime and in encouraging public participation at the district level. They have cross-membership with District Councils and are the only committees that are directly concerned with law and order issues in each of the districts. The terms of reference and membership lists of the DFCCs are atAppendices III(a) & III(b). The report on the work of DFCCs is in Chapter 10.

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CHAPTER 2

CRIME SITUATION IN 2006

GENERAL CRIME SITUATION

2.1 81 125 crimes were reported to the Police in 2006, an increase of 4.8% compared with 77 437 recorded in 2005. The crime rate, which is defined as the number of reported crimes per 100 000 population, was 1 183.1, a rise of 4.1% compared with 1 136.6 in 2005. The overall crime detection rate in 2006 was 44.6%, compared with 44.3% in 2005.

2.2 A chart showing the figures of reported cases, crime rates and detection rates of overall crime from 1997 to 2006 is at Appendix IV.

VIOLENT CRIME

2.3 The total number of violent crimes (which include homicide, rape, indecent assault, wounding, serious assault, robbery, kidnapping, blackmail,criminal intimidation, arson, etc.) recorded in 2006 was 14 847, an increase of 6.9% compared with 13 890 recorded in 2005. There were decreases in robbery and blackmail, but increases in wounding, serious assault and criminalintimidation. The violent crime rate per 100 000 population was 216.5, a rise of 6.2% compared with 203.9 in 2005. The violent crime detection rate in 2006 was 62.8%, compared with 59.5% in 2005.

2.4 A chart showing the figures of reported cases, crime rates and detection rates of violent crime from 1997 to 2006 is at Appendix V.

ANALYSES OF SELECTED CRIMES

Robbery

2.5 1 574 robberies were recorded in 2006, a drop of 6.0% comparedwith 1 675 in 2005 (see chart at Appendix VI).

2.6 There was 1 case of robbery involving the use of genuine firearms in 2006, compared with 3 in 2005. There were 2 cases of robbery with stun guns and 19 cases of robbery with pistol-like objects, compared with 5 and 28 in 2005 respectively (see chart at Appendix VII).

2.7 There were 23 bank robbery cases in 2006, compared with 15 in 2005.The majority (20) of these cases in 2006 happened in the earlier half of the year.

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There was 1 case of goldsmith / watch shop robbery in 2006, compared with 7 cases in 2005. The statistics on bank and goldsmith / watch shop robberies from 1997 to 2006 are at Appendix VIII.

Burglary

2.8 There were 5 315 burglaries in 2006, a drop of 3.2% compared with 5 492 in 2005 (see chart at Appendix IX).

Homicide

2.9 There were 35 homicide cases in 2006, compared with 34 in 2005 (see chart at Appendix X). Among these 35 cases in 2006, 9 cases (25.7%) were related to domestic violence. The figure was 6 (17.6%) in 2005. There were 4 cases in which 4 children aged 12 or below were killed by their parents in 2006,compared with 2 in 2005.

Wounding and Serious Assault

2.10 The number of wounding and serious assault cases rose by 7.8% from7 509 in 2005 to 8 091 in 2006 (see chart at Appendix XI). Some 7.6% of the wounding and serious assault cases in 2006 were triad-related, compared with 7.7% in 2005.

Serious Narcotics Offences

2.11 2 122 serious narcotics offences (e.g. trafficking in, manufacturing and possession of dangerous drugs) were recorded in 2006, an increase of 19.2%compared with 1 780 in 2005 (see chart at Appendix XII). Altogether 2 622persons were arrested for serious narcotics offences in 2006, an increase of 17.9%compared with 2 224 in 2005. The arrest of juveniles and young persons aged under 21 years old rose by 61.0% from 282 persons in 2005 to 454 persons in2006. Among these juveniles and young persons, 420 persons (92.5%) were arrested in connection with psychotropic drugs.

Shop Theft

2.12 9 154 cases of shop thefts were reported to the Police in 2006, an increase of 4.6% compared with 8 750 in 2005 (see chart at Appendix XIII).The value of the stolen property was HK$200 or below in 5 993 cases (65.5%).

Motor Vehicles Reported Missing

2.13 1 774 motor vehicles were reported missing in 2006, an increase of

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11.4% compared with 1 592 in 2005 (see chart at Appendix XIV). The numberof reports involving multi-purpose vehicles increased from 162 in 2005 to 225 in 2006, up by 38.9%.

2.14 The overall recovery rate of missing motor vehicles in 2006 was 46.1%, compared with 46.2% in 2005.

Street Deception

2.15 There were 217 street deception cases in 2006, a drop of 44.8%compared with 393 in 2005. “Spiritual Treatment” and “Borrow Money / Mobile Phones” represented the most prevalent types of such crime, accounting for 59.4% (129 cases) and 16.1% (35 cases) of all street deception cases respectively in 2006.

Triad Related Crimes

2.16 The proportion of crimes attributable to triad activity was 3.0% (2 396 cases) in 2006, the same as that in 2005 (2 304 cases). In 2006, most of these crimes were related to offences such as unlawful society offences (806 cases or 33.6%), wounding and serious assault (616 cases or 25.7%) and blackmail(226 cases or 9.4%).

Domestic Violence

2.17 The Police handled altogether 4 704 domestic violence cases in 2006,a rise of 79.0% compared with 2 628 in 2005. Among these 4 704 cases in 2006,there were 1 811 (38.5%) crime cases (such as wounding and serious assault, criminal intimidation and criminal damage) and 2 893 (61.5%) miscellaneous cases (such as disputes and requests for police assistance / investigation). Thefigures were 1 274 (48.5%) for crime cases and 1 354 (51.5%) for miscellaneouscases in 2005.

JUVENILES AND YOUNG PERSONS ARRESTED FOR CRIME

2.18 4 510 juveniles (aged under 16) were arrested for crime in 2006, a drop of 0.5% compared with 4 531 persons in 2005. Most of them were arrested for shop theft (1 116 persons or 24.7%), miscellaneous thefts (1 014 persons or22.5%), and wounding and serious assault (697 persons or 15.5%).

2.19 4 974 young persons (aged between 16 and 20) were arrested for crime in 2006, a rise of 4.1% compared with 4 780 persons in 2005. Most of them were arrested for wounding and serious assault (844 persons or 17.0%), miscellaneous thefts (840 persons or 16.9%) and shop theft (468 persons or 9.4%).

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2.20 A chart showing the number of arrests of juveniles and young persons for crime from 1997 to 2006 is at Appendix XV.

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CHAPTER 3

2006 FIGHT CRIME CONFERENCE

INTRODUCTION

3.1 The Fight Crime Conference is a biennial event to foster community interest in fight crime matters, to reinforce communication between the FCC andDFCCs and to provide a forum for exchange of views on ways to reduce crime.The 2006 Fight Crime Conference is the twelfth of its kind held since 1985.

3.2 The 2006 Fight Crime Conference was held on 25 November 2006 at the Queen Elizabeth Stadium. The theme was “Fight Crime Together”,appealing for public support to fight crime.

PRE-CONFERENCE GROUP DISCUSSIONS

3.3 Prior to the Conference, five group discussions were held in themonths of July and August 2006. Topics discussed were –

Burglary and Home Security Commercial Crime and Fraud Quick Cash CrimesYouth CrimeDomestic Violence

3.4 These pre-Conference group discussions were co-chaired by DFCC Chairmen. Experts on specific subjects were invited to speak during the discussions. The findings and recommendations of the five discussion groups were reported at the main Conference on 25 November 2006.

THE MAIN CONFERENCE

3.5 The main Conference, which was chaired by Mr Clement TaoKwok-lau, BBS, JP, was attended by some 400 participants, including DFCC members and representatives of relevant policy bureaux and departments. During the open forum at the Plenary Session, a panel consisting of senior officialsfrom bureaux and departments was formed to respond to views and suggestionsmade by the participants. Relevant issues were subsequently referred to responsible policy bureaux and departments for consideration and follow-up actions. The Conference was well covered by the media.

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FOLLOW-UP REPORT ON MAJOR ISSUES RAISED

3.6 The FCC noted the follow-up report on views and suggestions made by DFCCs on crime issues relating to the above five topics, as set out below.

(a) Burglary and Home Security

3.7 Home Affairs Department has been providing support toproperty-owners in forming owners’ corporations and handling matters relating to the management of common parts of their buildings.

3.8 Housing Department has maintained close liaison with the Police, exchanging information and views on ways to improve the security of publichousing estates.

3.9 On the part of the Police, they have taken various measures to heighten public awareness on the prevention of burglary.

(b) Commercial Crime and Fraud

3.10 The Police have strengthened their publicity to prevent fraud. Inaddition, the Independent Commission Against Corruption has taken a number of initiatives in cooperation with the Mainland procuratorates to enhance anti-corruption awareness among investors and businessmen with cross-boundary business.

3.11 Over the years, the Independent Commission Against Corruption has forged partnership with different professional associations to promote professional ethics. It also provides preventive services to managers / frontline workers in a wide range of industries / sectors.

(c) Quick Cash Crimes

3.12 To enhance public awareness of the need to take good care of one’sbelongings, the Police have launched media appeals as well as new TV and radio Announcements in the Public Interest and publicity campaigns. The Police also display posters and distribute leaflets at shopping areas and mass transit facilities to remind the public to beware of pickpockets, and launch regular audio and visualbroadcasts at border-crossing points and train compartments to remind the passengers to guard their belongings. The Police Crime Prevention Bureau also holds regular meetings with leading retail chains to discuss security-related issues.

3.13 To remind tourists to stay vigilant on business frauds, leaflets are distributed at border-crossing points, shopping areas and popular sightseeing

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locations during the Mainland long holidays, as well as at permit issuing offices inthe Mainland to raise the visitors’ awareness of possible shopping scams.

(d) Youth Crime

3.14 Social Welfare Department, Education Bureau1 and the Police are engaged in a number of joint endeavours with relevant parties to enhance inter-departmental and inter-disciplinary collaboration and liaison. Forexample, the Committee on Services for Youth at Risk, chaired by the Director of Social Welfare, provides a forum for stakeholders to examine current youth issuesand recommends measures to address the changing and multifarious needs of young people. Education Bureau has also collaborated with other governmentdepartments and non-governmental organizations (NGOs) in organizing various preventive and developmental programmes for youth-at-risk.

3.15 For those juveniles who have been cautioned for more than once under the Police Superintendents’ Discretion Scheme (PSDS) or assessed to be in need of intervention of three agencies or more, the Police make referrals to Social Welfare Department for Family Conferences to be conducted.

3.16 Social Welfare Department will continue to improve the modes of communication with young people through such means as –

contacting and building up relationship with young night-drifters through subvented NGOs’ outreaching services; and

adoption of a holistic approach and an integrated mode of services by forming Integrated Children and Youth ServicesCentres, responding quickly to the multifarious and changingneeds of young persons nowadays.

3.17 In line with the policy direction of early identification, early intervention and timely support to help the needy youth, Social WelfareDepartment has provided new resources and implemented new measures during the past years to strengthen the social work support to stem the trend of young people involved in crime, e.g. acquiring additional resources to strengthen the manpower of overnight outreaching services for young night-drifters and the Community Support Service Scheme for youth cautioned under the PSDS; and providing, through school social workers (and the Police), assistance to schools inhandling students involving in criminal activities.

3.18 Narcotics Division of Security Bureau has stepped up preventive

1 Formerly known as Education and Manpower Bureau prior to 1 July 2007.

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education and publicity measures to educate the public, in particular youngsters,about the harmful effects of psychotropic substance abuse at an early age. ThePolice have also helped to disseminate the message.

3.19 Apart from supply reduction measures by the law enforcement agencies (including stepping up cooperation with their Mainland and overseas counterparts to cut off the supply of drugs, carrying out raids and licence checks atentertainment venues, and stepping up inspection at border control points), Narcotics Division also focuses efforts on demand reduction. Also, to tackle thecross-boundary drug abuse problem, Narcotics Division has launched the “Sponsorship Scheme on Anti-Cross-boundary Drug Abuse Projects” which provides funding to 18 projects on anti-drug activities targeting young people,especially youth-at-risk, in various districts and at the border.

3.20 The Police will take stringent enforcement actions against thoseentertainment premises notorious for drug abuse. “Banning persons under 18 from entry” is now a liquor licence condition for some discos.

3.21 In addition to the efforts of the Police to strengthen publicity and education on youth crime, Education Bureau has been promoting parent education.

(e) Domestic Violence

3.22 A wide range of preventive, supportive and specialised services are provided by the Government to victims of spouse battering, child abuse and elderly abuse as well as families in need. To enhance multi-disciplinarycollaboration, Social Welfare Department has developed specific procedural guidelines for handling these various forms of abuse.

3.23 On the legislation front, the criminal law sanctions all acts of violence, irrespective of the relationship between the abusers and the victims, and independent of where the acts of violence occur. At the same time, the civil law framework provides civil remedies to victims of domestic violence. Among others, the Domestic Violence Ordinance (DVO) currently provides injunctiveprotection to victims molested by their spouses or cohabitants. The Labour and Welfare Bureau2 has introduced a bill to amend the DVO by, inter alia, extending its coverage to other familial relationships (including former spouses or cohabitants, parents / grandparents, sons / daughters, grandsons / granddaughters and such other relatives as specified in the bill). Subject to its passage by the Legislative Council, the bill will extend protection to a comprehensive range of domestic violence victims.

2 Formerly known as Health, Welfare and Food Bureau prior to 1 July 2007.

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3.24 Currently, the Police share essential information and personal data on a case by case basis with Social Welfare Department under the established mechanisms in accordance with the provisions of the Personal Data (Privacy)Ordinance. Referrals are made without the consent of the data subject in certain high-risk cases. In addition, Social Welfare Department will continue to enhance its public education work to prevent domestic violence.

3.25 The eight specialized units of Social Welfare Department, manned by experienced social workers (to be expanded to 11 teams in 2007-08), providevictims of domestic violence a co-ordinated package of one-stop services, and arrangement for various services (including clinical psychological services, housing assistance, etc.) is made whenever necessary. Besides, social workers work closely with Housing Department in assisting the victims of domesticviolence with genuine and long term housing need which cannot be solved by theirown means, having regard to the prevailing allocation policy.

3.26 Separately, the Police have adopted the concept of “One Family One Team” to provide a more co-ordinated approach in the handling and investigation of domestic violence cases. Apart from providing better assistance to victims,the approach would also provide a single point of contact with welfare units to enhance collaboration.

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CHAPTER 4

REVISITING CURRENT ANTI-DRUG POLICY ANDIDENTIFYING WAYS TO TACKLE THE

DRUG ABUSE PROBLEM OF THE YOUTH

BACKGROUND

4.1 The current anti-drug policy is embodied in a five-pronged approach.The five prongs are – legislation and law enforcement, treatment and rehabilitation, preventive education and publicity, research, and external cooperation.

4.2 The Administration keeps a close watch on the drug trends and updates the anti-drug measures in response to the changing circumstances, with the advice and input from the Action Committee Against Narcotics (ACAN) and the anti-drug sector.

DRUG TRENDS

4.3 According to the Central Registry of Drug Abuse3, the year 2005 registered a total of 14 087 abuse cases, the lowest level in ten years. From 1996 to 2005, heroin abusers decreased from 16 107 to 9 734, but psychotropicsubstance abusers increased from 3 389 to 6 310.

4.4 The figures show that while there is an overall decrease in the total number of abusers and heroin abuse is on a steady decline, the number of psychotropic substance abusers is on the rise. There has been a shift from the use of heroin to psychotropic substances.

SERVICE NEEDS

4.5 The Administration will formulate measures which targetpsychotropic substance abusers, particularly the young abusers who mainly abuse psychotropic substances.

4.6 In preparing the “Fourth Three-year Plan for Drug Treatment and Rehabilitation Services in Hong Kong (2006-2008)” (the Fourth Three-year Plan), the Administration has identified two pressing service needs for tackling psychotropic substance abuse –

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3 The Registry tracks the changing trend and collates statistical information regarding drug abuse. Drugabusers’ information is submitted by a network of reporting agencies voluntarily. The reporting network isextensive, covering law enforcement agencies, treatment and rehabilitation organisations, welfare agencies,tertiary institutions, hospitals and clinics.

(a) Early intervention strategies : With withdrawal symptoms notas pronounced as in heroin addiction, psychotropic substance abusers often do not associate certain symptoms (such as fatigue and irritability) with their drug-taking behaviour.They are less sensitive to the need to seek help early.Proactive programmes are hence required to identify abusers and to encourage them to come forward for early treatment.The Administration will also mobilise their significant others to motivate them to quit drugs.

(b) Support from medical and healthcare sector : Since psychiatric co-morbidities are closely associated with psychotropic substance abuse, medical service is much needed by abusers. Timely medical support will facilitate early symptom control and complement the early intervention efforts by anti-drug workers. This will encourage abusers to seek treatment.

Enhancing efforts in the above two areas are the main components of the FourthThree-year Plan.

CONCLUSION

4.7 In the light of the changing drug trends, the Administration willcontinue to keep in view the existing measures and explore new horizons to fightagainst drug abuse. The Administration will continue to seek the views of ACAN and the anti-drug sector in formulating strategies and initiatives, and enhance the collaboration of various sectors of the community in this battle against drugs.

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CHAPTER 5

RISKS AND NEEDS EVALUATION AND MANAGEMENT OF OFFENDERS –

AN EMPIRICALLY BASED APPROACH TO CORRECTIONS

BACKGROUND

5.1 As an integral part of the criminal justice system, correctional services worldwide aim to reduce recidivism of offenders through the provision of quality custodial and rehabilitative services for offenders. Continuous improvements in custodial management and rehabilitation programming are therefore essential to the work of the Correctional Services Department (CSD). In prison management, early identification of those offenders who may be prone tocustodial risk (e.g. violent and self-harm behaviours, escape and subversiveactivities etc.) will facilitate proper management and control of these offenders.By the same token, for recidivism prevention amongst offenders, systematic evaluation of their re-offending risks and rehabilitative needs will facilitate betterrehabilitative programme matching and supervision for these offenders.

5.2 With systematic evaluation of the offenders’ custodial and re-offending risks as well as their rehabilitative needs being the cornerstone of good correctional practices, CSD commissioned a consultancy in 2002 with the assistance of the Correctional Service of Canada and the Chinese University of Hong Kong to empirically develop and refine an integrated risks and needs evaluation protocol for the management of offenders in Hong Kong.

OUTCOME OF THE CONSULTANCY

5.3 By the end of 2005, CSD achieved the following as a result of the consultancy –

(a) development of an updated custodial risk assessment protocol for evaluation and early identification of custodial risk amongstincarcerated offenders;

(b) refinement and updating of prediction tables for evaluating there-offending risks of offenders for guiding decision-making in case management, particularly for high risk cases. Specificprediction tables are developed for adult offenders, young offenders, Drug Addiction Treatment Centre inmates and women offenders;

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(c) development of a systematic protocol for assessing the rehabilitative needs of offenders to facilitate rehabilitative programme matching for them; and

(d) development of validated clinical risk scales for assessing the re-offending risk of violent offenders, sex offenders and young offenders. The validated risk scales can aid criminal justice personnel in their decision-making in risk management in respect of these offenders.

5.4 To publicize the above-mentioned risks and needs evaluation protocoland related measures, CSD held a Rehabilitation Seminar on 14 and 15 October 2005 to brief criminal justice personnel and related professionals of the findings of the consultancy.

IMPLEMENTATION

5.5 Following automation of the relevant processes, including development of an Offender Management Profile to facilitate supervision and case management of offenders by correctional personnel, CSD officially launched the integrated protocol entitled “Risks and Needs Assessment and Management Protocol for Offenders” in October 2006. CSD will take forward the Protocol by phases having regard to the experience gained in the process and making effectiveuse of resources4.

WAY FORWARD

5.6 This integrated procedure for the evaluation and management of risksand needs of offenders will shape CSD’s future strategy for the rehabilitation of offenders and reduction of their re-offending risk, and will take Hong Kong to theforefront of the field together with other advanced penal administrations elsewhere. CSD will deploy internal resources, and seek additional resources if necessary, todevelop strategies incrementally and refine matching rehabilitative programmes to address the identified needs of offenders with a view to more effectively reducing re-offending of ex-offenders.

5.7 FCC noted and welcomed the new risks and needs assessment and management protocol for offenders, by which correctional services in respect of supervision of offenders and their rehabilitative matching can be further enhanced.

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4 In October 2006, the Department started to conduct risks and needs assessment of all local inmates (i.e. persons admitted to Training Centres, Detention Centres, Rehabilitation Centres and Drug AddictionTreatment Centres) and prisoners with sentences of two years or above. Starting from January 2007, theDepartment has implemented rehabilitative programme matching for inmates in Training Centres, DetentionCentres, Rehabilitation Centres and Drug Addiction Treatment Centres.

CHAPTER 6

COMMERCIAL CRIMES

INTRODUCTION

6.1 “Commercial Crime” is not a single and legally defined offence, but a mixture of fraud, commercial deception, false accounting, counterfeit instruments,technology crimes and other offences of a similar nature.

6.2 The following sections provide an overview and comparativeassessment of the annual figures for commercial crimes recorded in 2006.

COMMERCIAL CRIMES AND SYNDICATED FRAUDS

6.3 In 2006, the number of serious commercial fraud complaintsremained at 62 cases (the same as in 2005), while reported losses decreased significantly from HK$3,290 million to HK$362 million (down 89%). Therelatively huge losses in 2005 were primarily attributable to three cases – one involved a listed company incurring losses of HK$1.6 billion, one director’s fraud involved nearly HK$500 million and another case involving HK$280 million(amounting to HK$2,380 million in total). The improving economy is also believed to be a cause of the generally lower amounts involved in cases in 2006. Relevant figures are as follows –

2005 2006 % Change

No. of Complaints 62 62 NilTotal Reported Losses(HK$ million)

3 290 362 89%

6.4 Five topical commercial and syndicated frauds that have significantly influenced the community in recent years are highlighted below. They are Letter of Credit (L/C) Fraud, Pyramid Scheme Fraud, Modelling Agency Fraud, WestAfrican Fraud, and Bankruptcy Related Fraud.

Letter of Credit Fraud

6.5 During 2006, three L/C fraud cases were reported, representing adecrease of 25% from 2005. All three reported cases occurred in 2006, with onecase involving the arrest of three persons.

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6.6 The amount of reported losses decreased substantially from HK$348 million to HK$23.8 million. Relevant figures are set out below. This type of fraud is on a downward trend.

2005 2006 % Change

No. of Reported Cases 4 3 25%Total Reported Losses(HK$ million)

348.4 23.8 93.2%

Pyramid Scheme Fraud

6.7 The number of complaints remained negligible during 2006 – only one Pyramid Scheme Related (PSR) fraud report was confirmed. Relevant figures are as follows –

2004 2005 2006

No. of Complaints(confirmed as PSR Fraud)

1 1 1

No. of PSR Companies Raided 1 6 1

6.8 Successful prosecutions over the years have sent a clear message to the public that such schemes were illegal. Proactive police action will continue,including the continued close monitoring of 16 such companies.

Modelling Agency Fraud

6.9 Reports of suspected Modelling Agency Fraud decreased from ten in2005 to three in 2006. The reported losses incurred also decreased, from HK$2.09 million in 2005 to HK$0.22 million in 2006. The number of victims decreased from 87 in 2005 to 14 in 2006 (down 84%). Relevant figures are as follows –

2005 2006 % Change

No. of Companies Complained 10 3 70%No. of Victims 87 14 84%Total Reported Losses(HK$ million)

2.09 0.22 89%

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6.10 Most reported cases involved the voluntary signing of legal contracts by victims who were enticed to make advance payment to secure a modelling job.Potential victims were then told to attend facial treatment sessions in designated beauty parlours under the pretence of presenting a better appearance. Followingthat, they attended photo-shooting sessions for a purported reward of several hundred dollars. However, this monetary reward was only a fraction of what the victims had paid in advance. No further employment opportunities as promisedwere offered. It is difficult to prove criminality in such circumstances as the cases become civil in nature.

6.11 The Police adopt a multi-agency approach in collaboration with the Consumer Council, Labour Department and Radio Television Hong Kong in educating the public through publicity campaigns on the common methodsemployed by fraudsters in modelling agency frauds.

West African Fraud5

6.12 In 2006, there were six reports of West African-related frauds. Allsix cases were the result of advance fee frauds whereby the victims had been induced to make an upfront fee in the belief that they would receive a large return on their investment. Two Nigerian males were arrested for this type of crimeduring 2006 and were subsequently convicted in the District Court for charges of“Conspiracy to Launder Money” and “Using a False Instrument”. They were both sentenced to 40 months’ imprisonment. Statistics are as follows –

2005 2006 % Change

No. of Reported Cases 5 6 20%

Total Reported Losses(HK$ million)

1.34 13.1 877.6%

No. of Persons Arrested (Charged)

4 (3) 2(2) 50.0%

(33.3% )

Unsolicited E-Mails Received 3 339 2 098 37.2%

Unsolicited Letters Received 185 172 7.0%

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5 These frauds were originally perpetrated mainly by West Africans. They comprise typical ‘4-1-9’ (namedafter the corresponding offence in the Nigerian Penal Code) emails relating to certain huge sums of moneyallegedly left intestate to prospective victims who then pay handling fees to the fraudsters via HKSAR bankaccounts to release the alleged funds kept in trust. In recent years, it has become more apparent that non-WestAfricans are perpetrating this type of fraud increasingly.

6.13 Reports on this type of fraud remained at a low level. It appears that publicity highlighting its prevalence and common modus operandi used has helped educate the public and reduce the number of victims falling prey to this type of offence.

Fraud Related to Bankruptcy

6.14 Compared to 2005, there was a decrease of 9% in the number of reports received in 2006 on frauds related to bankruptcy. The total amount ofmonetary loss for the same period, however, increased by HK$0.74 million (up 46.8%).

6.15 There was a significant decline in bankruptcy-related fraud over the past few years, with no prosecution during 2006. The reasons behind the downward trend are multifarious in nature. The improving economy, stringent enforcement action, the benefits of positive credit sharing between financial institutions and banks, and a coordinated multi-agency governmentalpublicity-based strategy are all factors leading to this welcome change in the trend.Relevant figures are as follows –

2005 2006 % Change

No. of Complaints 44 40 9.1%

Total Reported Losses(HK$ million)

1.58 2.32 46.8%

No. of Bankruptcies 9 213 10 324 3.9%

OTHER TYPES OF FRAUD

Insurance Fraud

6.16 In 2006, a total of 62 insurance-related fraud cases were reported tothe Police, representing an increase of 47.6% compared with 42 reports in 2005.The amount involved, however, significantly dropped by 88.3% from HK$19.70 million in 2005 to HK$2.31 million in 2006. The figures indicate that the crime is not prevalent and is stabilizing. A breakdown is tabled below –

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2005 2006

Category

Numberof Cases Reported

AmountInvolved(HK$M)

Numberof Cases Reported

AmountInvolved(HK$M)

Unauthorised Insurance Business 0 0 0 0Fraud by Staff- Theft of Clients’ Premium 21 (12) 2.11 21 (15) 1.82- Fraudulent Policies 14 (33) 17.55 24 (22) 0.23Fraudulent Claims 2 (2) 0.003 9(8) 0.25Others 5 (3) 0.038 8 (6) 0.016Total 42 (50) 19.70 62(51) 2.31( ) Denotes number of arrested person

6.17 In order to effectively combat insurance-related fraud, the Commercial Crime Bureau of the Police has maintained close liaison with the Office of the Commissioner of Insurance and the insurance industry. A two-pronged approach against the crime was adopted. On the one hand, the Commissioner of Insurance has issued administrative guidelines to the industry,introducing tighter internal controls and compliance measures to reduce industry malpractice. On the other hand, publicity campaigns have been launched by the Commercial Crime Bureau, in collaboration with the Office of the Commissioner of Insurance, to educate the general public and the industry in the prevention of insurance-related fraud.

Street Deception

6.18 Since 1999, small gangs of fraudsters have been approaching predominantly middle-aged to elderly female victims and tricking them into releasing large amounts of cash and valuables within a short period of time. Thistrend reached its peak in 2002. Since then, the number of such street deception reports has shown a downward trend.

6.19 2006 saw a further decrease of 44.8% in the number of reports and a corresponding decrease of 31.3% in the loss amount, compared to 2005. Therelevant figures are as follows –

2004 2005 2006

No. of Reported Cases 479 393 217Total Reported Losses(HK$ million)

28 21 14.42

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6.20 There was a reduction in all modus operandi of street deception when compared with 2005, except for “Fake Chinese Medicine”, which increased by 200%. “Fake Jade Bracelet” and “Foreign Money Exchange” cases have basically disappeared. “Spiritual Blessing” continued to be the most prevalent method used by swindlers, with losses incurred amounting to HK$11.2 million, or 77.7% of the overall loss suffered in this type of crime.

6.21 There were 21 detected cases in 2006. 29 out of 30 arrested persons (96.7%) were visitors from the Mainland, mostly coming from Hainan and Guangdong Provinces. They predominantly practised deception through the modus operandi of “Spiritual Blessing” and “Fake Chinese Medicine”.

6.22 Although cases and reported losses for this type of crime have generally been on a downward trend since 2003, the community is very concerned about these crimes. In this regard, the Police will continue to seek enhanced sentencing on the basis of the prevalence of the crime, the nature and extent of theharm caused to the community, as appropriate, as provided for under the Organized and Serious Crimes Ordinance (Cap. 455). During 2006, there was one successful case of enhanced sentencing involving Spiritual Blessing, with the sentence being increased from 2 years to 2.5 years of imprisonment.

Internet Banking Theft

6.23 There were nine reports of Internet Banking Fraud involving a total loss of HK$3,509,200 in 2006, compared to three cases with a total loss of HK$178,893 in 2005. Overall speaking, since the implementation of the “Two Factor Authentication” in e-banking in Hong Kong in May 2005, e-banking theftshave been contained.

6.24 Of the nine cases which occurred in 2006, five pertained to the unlawful access to four victims’ online securities brokerage accounts by culprits during the period from 18 to 24 October 2006. All accounts were unlawfully used for trading warrants with a view to manipulating the warrant market price, leading to total losses of HK$3.5 million. Initial enquiries disclosed that the culprits accessed victims’ accounts through various Internet Protocol Addresses in Thailand and India. One suspect was arrested in that case.

6.25 The remaining four cases were relatively minor in nature. In two of the cases, no loss was incurred due to the e-banking’s security features. Thevictim of the first case used Internet banking facilities inside a bank. He forgotto log off and was “shoulder surfed” by a culprit from behind. However, theculprit did not succeed in transferring the victim’s money as the culprit’s account was not pre-registered by the victim. The second case involved an attempt to

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effect a telegraphic transfer via an e-banking account of a textile company. Theattempt also failed as the culprit did not have the “two factor authentication” code.

6.26 The third case arose from the victim’s negligence in keeping her account details. She lost her thumbdrive containing her bank account details.The culprit used the data to login her bank account and stole HK$4,200.

6.27 The fourth case related to the unlawful access to a victim’s account for stock transaction. The culprit captured the victim’s login name and password with spyware when the latter accessed his e-banking account during his overseas visit. Subsequently, the culprit stole HK$5,000 from the victim’s account.

6.28 For the purpose of enhancing e-banking security, the TechnologyCrime Division of the Police, in collaboration with the Hong Kong Association of Banks and the Hong Kong Monetary Authority, held a half-day “E-Fraud Prevention Seminar” on 3 November 2006. About 200 e-banking practitioners attended the seminar.

Child Pornography

6.29 In 2006, six child pornography cases were reported, same as in 2005. All cases in 2006 were detected and six persons were arrested. The arrestedpersons were found downloading child pornographic materials from the Internet.There is, however, no evidence to show that Hong Kong is a source for child pornography dissemination. This sort of offence is not serious in Hong Kong.

6.30 That said, the Commercial Crime Bureau has maintained close international liaison in tackling this hideous and border-less crime. Of the two major intelligence-based operations mounted by the Commercial Crime Bureau against child pornography activities in 2006, one was a joint operation with the Interpol in which officers raided three Hong Kong addresses and arrested three persons for “Possession of Child Pornography”.

6.31 The Police will continue to maintain international co-operation in tackling Child Pornography offences and provide efficient response capabilities to track down any culprits.

Counterfeit Currencies

6.32 There was a further decrease of 31% in the number of counterfeit HK banknotes seized in 2006, from 9 694 pieces to 6 681 pieces compared with 2005.The overall decrease was mainly due to a significant drop in the seizure of counterfeit HK$500, HK$100, HK$20 and HK$10 banknotes.

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6.33 In particular, the number of counterfeit HK$500 that surfaceddropped significantly by 65% in 2006. This was mainly the result of successful intelligence-led operations against counterfeit banknote syndicates in January,April and July 2006 respectively. Analysis suggested that those who distributed and disseminated counterfeit Hong Kong banknotes were mostly Mainlanders holding Two-Way Entry Permits and non-ethnic Chinese from South East Asia.

6.34 Increase was only seen in the counterfeit HK$1,000 banknotes, which increased by nearly 3.5 times compared with 2005. 86% of them belonged toindicative “5H52”, which is a relatively high quality counterfeit HK$1,000 banknote that first surfaced in July 2002. A significant portion of the indicative“5H52” seizures originated outside Hong Kong. To raise awareness, the Police conducted seminars on the distinctive features of “5H52” for bank staff, while the Government’s Treasury also advised frontline cashiers to be vigilant against this type of counterfeit banknote.

6.35 As regards counterfeit HK$10 coins, 2006 saw a continued decreaseof 36.8%, from 147 169 to 92 988, when compared with 2005. Regarding counterfeit HK$5 coins, the seizure also decreased by 29.2%, from 18 574 in 2005 to 13 142 in 2006. The majority of these coins were received by publictransportation companies (37% for HK$10 coins and 69% for HK$5 coins) and local banks (30% for HK$10 coins and 22% for HK$5 coins). Since the Police’sneutralization of a counterfeit HK$10 coin factory in Tsuen Wan in December2003, there has been a general annual decline in seizures of counterfeit HK$10 coins, from 459 025 in 2003 to 92 988 in 2006. Also, the introduction of theHK$10 banknote in 2002 and the increasing use of electronic cash systems such asthe Octopus Card have contributed to the reduction in circulation of HK$10 coin.

6.36 The number of counterfeit renminbi (RMB) banknotes increased by 16.3%, from 5 101 in 2005 to 5 930 in 2006. The upward trend of counterfeitRMB banknote seizures was mainly attributed to the implementation of the “Individual Visit Scheme” since July 2003. The introduction of personal RMB banking service in early 2004 and the expansion of RMB services to banks in Hong Kong in November 2005 further facilitated the local acceptance and circulation of RMB banknotes. In view of the recent RMB appreciation, it is assessed that local circulation of counterfeit RMB will increase alongside the anticipated additional inflow of Mainland visitors and RMB circulation in Hong Kong.

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6.37 Relevant figures are as follows –

2005 2006 % Change

Counterfeit HK Banknotes 9 694 6 681 31.1%

Counterfeit HK$10 Coins 147 169 92 988 36.8%

Counterfeit HK$5 Coins 18 574 13 142 29.2%

Counterfeit RMB Banknotes 5 101 5 930 16.3%

CONCLUSION

6.38 The Police mounted a number of successful intelligence-ledoperations and secured convictions in different areas of commercial crimethroughout 2006. A downward trend was noticed in the majority of topicalcrimes. In this regard, the FCC noted that the Police would continue their efforts in combating all types of syndicated fraudulent activities in Hong Kong.

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CHAPTER 7

PUBLICITY CAMPAIGN FOR REHABILITATED OFFENDERS IN 2006-07

BACKGROUND

7.1 Public acceptance and community support are essential for successful re-integration of offenders into society as law-abiding citizens. CSD has therefore organized a series of publicity initiatives since 1999 to help the public better understand the needs of, and the problems commonly faced by, rehabilitatedoffenders and to appeal for community support for them.

7.2 Major publicity activities for this purpose included four series of the TV docu-drama “The Road Back”, radio and television Announcements in the Public Interest (APIs), symposiums on employment for rehabilitated offenders, special TV programmes, competitions for inmates to demonstrate their talents incultural and recreational activities, variety shows and community-involvementactivities jointly organised with DFCCs.

7.3 Public response to the publicity appeal has been encouraging so far according to the results of two opinion surveys conducted by CSD in mid 2002 and end 2004 respectively6. In addition, more and more community groups and organisations, such as Lok Sin Tong Benevolent Society, Kowloon; Yan Oi Tong; Pok Oi Hospital; the Care of Rehabilitated Offenders Association; the MerchantsSupport for Rehabilitated Offenders Committee; Yuen Yuen Institute; RotaryClubs, Lions Clubs; Zonta Clubs; and the Hong Kong and Macau Taiwanese Charity Fund have expressed interest and collaborated with the Department in promoting the welfare of rehabilitated offenders. CSD considers that the promotional efforts should continue with a view to sustaining public support and further enhancing community involvement.

6 Among other things, these two surveys found that –

59.5% of the respondents in 2004 agreed that one or more publicity activities organised in the previous 12months could enhance their understanding of rehabilitated offenders. In the 2002 survey, on average 43%of the respondents agreed that the publicity activities helped them understand the inmates / dischargedoffenders and the message of giving support to their re-integration; and

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91.9% of the respondents in 2004 considered it worthwhile for the Government to continue to conductpublicity activities to appeal for community support for rehabilitated offenders. 83.6% of the respondentsconsidered so in the 2002 survey.

2006-07 PUBLICITY CAMPAIGN

7.4 CSD has adopted a systematic approach to planning and organising suitable publicity activities on an annual basis since 1999-2000. Having regardto the advice of the Committee on Community Support for RehabilitatedOffenders7, the effectiveness of the publicity activities organised in the past and the Department’s own experience, CSD conducted another series of publicityactivities in 2006-07. Apart from appealing for public acceptance andcommunity support for rehabilitated offenders, the activities included, as far as possible, an element of promoting employment of rehabilitated offenders andappealing for fair employment opportunities for them. This is to address the major concern of offenders and rehabilitated offenders upon their discharge fromcorrectional institutions. These activities continued to target four communitygroups, as follows

(a) For Students

“Options in Life” Student Forum – To demonstrate the willingness of rehabilitated offenders in making contribution to the society, CSD conducted during December 2003 to November 2005 a round of district-based student fora in all 18 districts to provideopportunities for secondary school students and rehabilitated offenders to interact and discuss the untoward consequences of crime. In line with CSD’scommunity involvement strategy, the Department has made arrangements for similar fora to be run by non-governmental organisations (NGOs) starting from 2006, with CSD providing the necessary support initially.Up to end 2006, 12 NGOs have taken part. Regardingfunding, individual NGOs sought cooperation and funding support from DFCCs (see (d) below).

(b) For General Public

TV Docu-drama – As television is a very effectivepublicity channel, CSD collaborated with Radio Television Hong Kong (RTHK) again to produce a new series of TV docu-drama featuring the rehabilitation

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7 The Committee on Community Support for Rehabilitated Offenders comprises members from different sectorsof the community to advise the Commissioner of Correctional Services on rehabilitation programmes andre-integration strategies.

stories of offenders. This new six-episode series, entitled “The Road Back 2006”, was broadcast by TelevisionBroadcasts Limited (TVB) from May to July 2006. CSDalso produced 10 000 copies of DVD of this newdocu-drama for distribution to schools and interested organisations and individuals to prolong the publicity effect of the TV programme. CSD also co-operated withthe Hong Kong Cable Television Ltd. (Cable TV) and AsiaTelevision Ltd. (ATV) to produce programmes featuring the stories of offenders undergoing rehabilitation. These programmes were broadcast on Cable TV and ATV on 20 April 2006 and 12 May 2006 respectively, and have been uploaded onto CSD’s website for continuous viewing by the public.

Radio and TV APIs – Through arrangements made by Information Services Department (ISD), radio and television APIs produced in 2004 continued to be broadcast during Government airtime in 2006-07, with increased frequency during the broadcast of the TVdocu-drama mentioned above from May to July 2006 for an amplified publicity effect.

Music CDs – To make the best out of the music and lyrics writing competition for inmates held in 2005 and to morewidely publicise the talents of the inmates, CSD produced10 000 copies of a music CD featuring the winning entries of the competition as performed by artistes for distribution to schools and interested organisations and individualsstarting from April 2006.

“A Note to New Life” Concert – To demonstrate the talents of inmates, a concert entitled “A Note to New Life” which featured the performance by professional singers,artistes and inmates the winning entries of theabove-mentioned music and lyrics writing competition forinmates, was held on 2 February 2006. The concert was telecast on the Music Channel of TVB on 23 July 2006 and its highlights were uploaded onto CSD’s website. Toprolong the publicity effect of this successful event, CSD also produced 10 000 copies of DVD of the concert for distribution to schools and interested organisations and individuals.

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Publicity Posters and Wall Banners – With the assistance of ISD, CSD put up publicity posters at some of the poster sites managed by ISD throughout 2006-07. Similararrangements were made for CSD to put up publicity posters at tram stop shelters. CSD also put up giant wall banners at suitable locations of CSD premises, in additionto posters displayed on selected departmental vehicles.

Certificate Presentation Ceremonies – To publicize the good examination results of inmates and to demonstratetheir efforts and commitment to personal enhancement,CSD continues to hold certificate presentation ceremonies in 2006-07 with media coverage as appropriate.

Appointment of Rehabilitation Ambassadors – Mr Danny Summer, a famous local artiste, was appointed as Rehabilitation Ambassador on 25 May 2006. CSD will appoint other Rehabilitation Ambassadors if there are suitable persons who are willing to devote their time andefforts to this initiative.

2007 Desk Planner – A 2007 desk planner featuring therehabilitative services provided by CSD was produced. Suitable publicity message was printed on and conveyed through the planner.

Variety Show – During the 54th Autumn Fair of CSD heldon 4 November 2006, a variety show entitled “Support Rehabilitation with Care and Love” was produced in conjunction with RTHK to convey the rehabilitation message. The show was broadcast on Radio 1 of RTHKon 12 November 2006, followed by eight promotionsegments on rehabilitation services on radio every Sundayfrom 19 November 2006 to 7 January 2007.

(c) For Employers

“One Company One Job” Campaign – In the light of the experience of implementing the project in Kowloon City and Wong Tai Sin Districts, the Department collaborated with the Merchants Support for Rehabilitated OffendersCommittee and rolled out the campaign to Sha Tin District in June 2006 and to Sham Shui Po District in November2006.

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Institutional Visits – CSD continues to organise visits to institutions for employers and senior management of corporations, as and when necessary, to enhance their understanding of the Department’s rehabilitation services, in particular the vocational training undertaken by inmates.

(d) For District and Community Organisations

Publicity Activities organised by DFCCs – To promotecommunity involvement at the district level, CSD has undertaken joint publicity projects with DFCCs since 2001-02 with encouraging results. With a generous donation of $380,000 from the Lok Sin Tong Benevolent Society, Kowloon, a maximum subsidy of $20,000 for each district was provided for DFCCs to organisedistrict-based publicity activities in 2006-07.

Co-operation with Community Organisations – CSDcontinues to build up partnership with communityorganisations (including Rotary Clubs, Lion Clubs, Zonta Clubs, the Care for Rehabilitated Offenders Association, the Hong Kong and Macau Taiwanese Charity Fund, etc.) to take forward projects and initiatives for the benefit of prisoners and rehabilitated offenders. These projects andinitiatives include employment service support projects, which provide offenders with vocational training and employment assistance in the related trades upon their release.

7.5 Apart from the above major publicity and public education activities, CSD continued to keep in view co-operation opportunities with public and commercial broadcasters, e.g. promotion of offender rehabilitation in the “Devoted to You” programme on RTHK Radio 1, which is very popular amongprisoners and their families and friends, and re-run of the TV docu-drama “The Road Back 2004” on Hong Kong Broadband from July to September 2006. CSDis also taking forward employment service support projects, with suitable publicity, with two representative hairdressing and beauty care industry associations in Hong Kong. Under these projects, the two industry associations provide free vocational training for adult offenders.

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WAY FORWARD

7.6 Community support is a key factor contributing to the successful transition of rehabilitated offenders to law-abiding citizens. This will in turn help reduce re-offending and save public expenses. FCC appreciated CSD’s good efforts in the rehabilitation of offenders, and considered that CSD’s publicity initiatives were in the right direction and should continue. In this connection, CSD will continue with its public education efforts and publicity campaign to promote public acceptance of rehabilitated offenders and to seek more activepublic involvement in offender rehabilitation.

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CHAPTER 8

PROGRESS OF POLICE SUPERINTENDENTS’ DISCRETION SCHEME

BACKGROUND

8.1 Under the Police Superintendents’ Discretion Scheme (PSDS), a Police officer at the rank of Superintendent or above may, at his / her discretion,administer a caution to a juvenile offender instead of initiating a criminalprosecution against the offender. With effect from 1 September 1995, the age ceiling of offenders eligible for PSDS was raised from the age of under 17 yearsold to under 18 years old so that more juvenile offenders may benefit from the Scheme. The FCC monitors the progress of the PSDS through the half-yearly progress reports submitted by the Commissioner of Police.

OVERALL SITUATION

8.2 A total of 6 891 juveniles8 were arrested for various criminal offencesin 2006, representing a decrease of 8.9% compared with 2004 (7 566) but amarginal increase of 1.0% compared with 2005 (6 821). The five most commoncriminal offences committed by juvenile offenders in 2006 included miscellaneousthefts, shop theft, wounding and serious assault, robbery, and unlawful society offences (see chart at Appendix XVI).

8.3 Not all arrested juveniles are eligible for PSDS. The following guidelines for assessing the eligibility of juvenile offenders for the Scheme remained unchanged –

(a) at the time the caution is administered, the offender is under the age of 18;

(b) the offender has no previous criminal record;

(c) the evidence available is sufficient to support a prosecution;

(d) the offender voluntarily and unequivocally admits the offence;and

(e) the offender and his / her parents / guardians agree to the

8 For the purpose of this chapter, a juvenile refers to a person under the age of 18.

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caution.

8.4 A total of 2 774 juvenile offenders were cautioned in 2006,representing a drop of 5.3% compared with 2004 (2 929) and a drop of 8.3%compared with 2005 (3 026). This gives a caution rate of 40.3% out of the juveniles arrested, compared with 38.7% in 2004 and 44.4% in 2005. Acomparison of the number of juveniles cautioned from 2004 to 2006 is set outbelow –

PeriodNo. of Juveniles

ArrestedNo. of Juveniles

CautionedCaution Rate of

Juveniles Arrested

2004 7 566 2 929 38.7%2005 6 821 3 026 44.4%2006 6 891 2 774 40.3%

8.5 The serious nature of the offence and the previous caution record of the offender remained the most common reasons for not giving cautions. Theage groups of 13, 14 and 15 continued to be the largest cautioned age groups (seechart at Appendix XVII).

REFERRALS

8.6 If the Police Superintendent concerned considered that “aftercare” for the offending juvenile is necessary in addition to caution, he will refer the case toone or more of the following scheme / organisations for follow-up –

Name of Scheme / Organisation Number of Referrals under

PSDS in 2006 Juvenile Protection Section (JPS) 1 481

Community Support Service Scheme (CSSS) 2 435

Social Welfare Department 269

Education and Manpower Bureau 10 8

Total 3 950

9 Not including referrals for Family Conference (FC). Under the arrangement, with the consent of the parent /guardian, a juvenile whose problems / needs are assessed as requiring the services of three agencies or moreor who has been given a second or further caution will be referred by the Superintendent administering thecaution to Social Welfare Department to consider conducting a FC. The objective of the FC is to gather thecautioned juvenile, his / her family members and professionals from relevant disciplines to assess his / herneeds and to draw up comprehensive follow-up action plans. In 2006, there were 14 such referrals.

1241 0 Renamed as Education Bureau with effect from 1 July 2007.

8.7 Juveniles who have been referred to the JPS for supervision will bevisited by a member of the JPS team on a regular basis. The member of the JPS team will have an informal interview with the juvenile in the presence of his or her parents at their home. Such visits will normally continue to be conducted for two years or until the juvenile’s 18th birthday, whichever is earlier.

8.8 Such visits usually take place once a month. The frequency may vary from once every two weeks for juveniles assessed as being at very high risk,to once every three months for those at low risk. The subjects covered during theinterview include –

(a) the juvenile’s academic progress;

(b) leisure activities; and

(c) friends and associates, etc.

8.9 The JPS maintains regular liaison with Social Welfare Department and Education and Manpower Bureau, in particular for juveniles with specialneeds on social services and education. The JPS may also refer juveniles under supervision to receive additional services from other schemes / organisations (e.g. the CSSS, the Junior Police Call, the Hong Kong Award for Young People, etc.) as appropriate.

8.10 Since mid-1997, the Police have referred an increasing number of juveniles to the CSSS, either as an alternative or as a supplement to the JPS. Thepurpose of the CSSS is to encourage juveniles who have infringed the law to return to a decent law-abiding life-style, by means of –

(a) counselling or supportive groups;

(b) job training and placement;

(c) skill learning classes;

(d) adventure and outdoor activities;

(e) volunteer and community service projects; and

(f) programmes for parents / guardians.

RECIDIVISM

8.11 A person is regarded as a recidivist if he or she is re-arrested for

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crime within two years from the date of caution, or before he or she reaches18 years of age, whichever occurs first. The recidivist rate for the juveniles cautioned in 2004 was 14.9%, compared to 17.7% for those cautioned in 2002 and 19.6% for those cautioned in 2003. Due to the two-year rule, the recidivist ratefor those offenders arrested in 2005 and thereafter is not yet available.

WAY FORWARD

8.12 The FCC will continue to monitor the progress of the PSDS through the half-yearly progress report submitted by the Commissioner of Police. It will also raise concerns on the report for follow-up actions.

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CHAPTER 9

FIGHT CRIME PUBLICITY STRATEGY

BACKGROUND

9.1 The Publicity Sub-Committee (PSC) formulates the strategy for the Fight Crime Publicity Campaign, which starts in early summer every year. Thestrategy, which usually embraces one or more themes targeting prevailing crimes and / or areas of major community concern, will be implemented by the PSCfollowing the endorsement of the FCC.

REVIEW OF THE 2005-06 CAMPAIGN

9.2 The 2005-06 campaign was accorded a major campaign status with abudget allocation of HK$1.6 million.

9.3 “Take Care of Your Own Belongings” was chosen as the theme of the campaign. Members of the public were encouraged to use their own weapons – eyes, ears, mouth and hands – to watch over their personal belongings as a measure to prevent theft.

9.4 The campaign, launched in June 2005, came with a television Announcement in the Public Interest (TV API) and a complementing radio API, as well as three posters, bus body advertising and octopus card holders carrying related publicity messages. The TV API was also broadcast in outdoor electronicmedia placements and uploaded onto the homepages of the Hong Kong Special Administrative Region Government as well as the Hong Kong Police Force.

PUBLICITY STRATEGY FOR 2006-07 CAMPAIGN

9.5 The 2006-07 campaign continued to enjoy a major campaign status with a budget allocation of HK$1.62 million.

9.6 By the end of 2005, the number of reported crimes totalled 77 437,representing a decrease of 4.8% compared with 81 315 crimes recorded in 2004.The number of thefts remained high at 35 213 among other categories, or about45% of the total reported crimes. There was also a slight increase in deceptions in 2005. 770 of the deception cases were telephone deceptions cases,representing an increase of 194% compared with 262 cases in 2004.

9.7 To address the problems of theft and deception, “Beware ofDeceptions and Thefts” was made the theme of the 2006-07 campaign. Publicattention was drawn to the need to stay alert to deception as well as to avoid

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falling prey to thieves.

9.8 The campaign, launched in June 2006, came with two TV APIs and two complementing radio APIs. The APIs were broadcast on television and radio channels throughout the year. The two TV APIs were also uploaded onto thehomepages of the Government and the Police and broadcast on various outdoor electronic media.

9.9 To further publicise the messages, two posters were produced.Apart from being displayed at MTR stations, they also took the form of bus body advertisements.

9.10 At the district level, DFCCs, Junior Police Call and Police CrimePrevention Offices etc. continued to join hands during the year in organising fightcrime activities on the campaign theme to help put across the messa