20. 事實上，Sentencing in Hong Kong,
Cross and Cheung, 5th Edition一書就第 113B和113C 條說(at page 241)：
“Where a provision in an Ordinance specifies a level of fine
that may be prescribed under subsidiary legislation, the level specified is
a reference to the level as set out in schedule 8. The amounts in that schedule
may be amended by regulation by the Chief Executive in Council to take account
of inflation. This neat expedient enables revision to occur at one stroke, and
avoids the need to amend each and every pecuniary penalty. s.113C explains that
where an Ordinance provides for a fine, other than an excluded fine, for
an offence expressed as an amount of money, the fine shall be deemed to be a
fine at the level relevant to the amount of fine in this
table…”
“The purpose of this Bill is to introduce a Standard Scale for
fines not exceeding $100,000. This will enable the maximum amount of these fines
to be increased from time to time by a single order of the Governor in Council
in order to reflect the effect of inflation.
At present the process of increasing the fines in our legislation
is complicated, time-consuming and wasteful of resources, since the increases
are done on a fine by fine basis. Each provision that needs to be revised has to
be identified; the date of the last adjustment to the fine has to be
ascertained; the extent of inflation since that date has to be determined; and
an appropriate increase in the fine decided upon. A legislative instrument
specifying the amendment to that particular fine then has to be prepared and
formally approved.
The Standard Scale proposed will greatly simplify this process.
It will consist of six levels, ranging from $2,000 at level 1 to $100,000 at
Level 6. All fines not exceeding $100,000 will be converted into the appropriate
levels in accordance with the provisions in the Bill and the values of the
levels will become the maximum amounts of these fines. These maximum amounts can
be increased from time to time to reflect the effect of inflation simply by an
order the Governor in Council. I must emphasize, however, that adjustment by
this method is only possible to cater for inflation. Other adjustments will
continue to be done by means of specific amending legislation and will have to
be justified on a case-by-case basis…”
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