JUVENILE OFFENDERS ORDINANCE

JUVENILE OFFENDERS ORDINANCE

CHAPTER 226.

THE JUVENILE OFFENDERS ORDINANCE.

ARRANGEMENT OF SECTIONS.
Section Page
1. Short title ............................. ... ... ... ... ... 209
2. Interpretation......................... ... ... ... ... 209
3. Juvenile courts ............................ .... ... ... ... 209
4. Bail of children and young persons arrested ... ... ... 211
5. Custody of children and young persons not released on bail
after arrest .............................. ... ... ... ... 211
6. Prevention of association with adults during detention in
police stations .......................... ... ... ... ... 211
7, Remand or committal to custody in a place of detention 212
8. Procedure in juvenile courts ............ ... ... ... 212
9. Probation officers ..................... ... ... ... ... ... 214
10. Attendance at court of parent of child or young person
charged with an offence, etc. .......... ... ... ... ... 217
11. Power to order parent to pay fine, etc. instead of child or
young person ........................... ... ... 217
12. Restrictions on punishment of children and young persons 218
13. Abolition of death sentence in case of children or young
persons ................................ ... ... ... ... ... 218
14. Detention in case of certain crimes committed by children or
young persons .......................... ... ... ... ... 219
15. Provisions as to discharge of children or young persons
detained in accordance with directions of the Governor 219
16. Substitution of custody in a place of detention for imprison-
ment ................................... ... ... 219
17. Children liable to be committed to care of relative, etc. 220
18. Methods of dealing with children or young persons charged
with offences .......................... ... ... ... ... 223
19. Provision of places of detention ....... ... ... ... ... ... 224
20. Provisions as to the custody of children and young persons
in places of detention ................. ... ... ... ... 224
21. Expenses of maintenance of child or young person ... ... 225
22. Order not to be invalidated by subsequent proof of age ... 225

23. Power to clear court whilst a child or young person is giving
evidence in certain cases .............. ... ... ... ... ... 225

24. Power to make rules .................... ... ... ... ... ... 226
25. Saving................................ ... ... . ... ... ... 226





CHAPTER 226.

JUVENILE OFFENDERS.

To make provision for proceedings in reference to juvenile
off enders.
[20th November, 1933.]

1. This Ordinance may be cited as the juvenile
Offenders Ordinance.

2. In this Ordinance unless the context otherwise
requires-
'child' means a person who is, in the opinion of the court
having cognizance of any case in relation to such person,
under the age of fourteen years;
'young person' means a person who is, in the opinion of
the court having cognizance of any case in relation to
such person, fourteen years of age or upwards and under
the age of sixteen years;
'guardian', in relation to a child or young person, includes
any person who, in the opinion of the court having
cognizance of any case in relation to the child or young
person or in which the child or young person is con-
cerned, has for the time being the charge of or control
over the child or young person;
'probation officer' means a person appointed under this
Ordinance by the Governor or by the court to be a
probation officer.

3. (1) A court, other than the Supreme Court acting
in the exercise of its criminal jurisdiction, when hearing
charges against children or young persons shall, unless the
child or young person is charged jointly with any other
person not being a child or young person, sit either in a
different building or room from that in which the ordinary
sittings of the court are held, or on different days or at
different times from those at which the ordinary sittings are
held, and a court so sitting is in this Ordinance referred to
as a juvenile court.

(2) Where in the course of any proceedings in a juvenile
court it appears to the court that the person charged or to
whom the proceedings relate is of the age of sixteen years





or upwards, or where in the course of any proceedings in
any court other than a juvenile court it appears that the
person charged or to whom proceedings relate is under the
age of sixteen years, nothing in this section shall be con-
strued as preventing the court if it thinks it undesirable to
adjourn the case, from proceeding with the hearing and
determination of the case.

(3) Provision shall be made for preventing persons
apparently under the age of sixteen years whilst being
conveyed to or from court, or whilst waiting before or after
their attendance in court, from associating with adults
charged with ot. convicted of any offence other than an
offence with which the person apparently under the age of
sixteen 1 years is jointly charged or convicted.

(4) In a juvenile court no person other than the members
and officers of the court and the parties to the case, their
solicitors and counsel, and other persons directly concerned
in the case, shall, except by leave of the court, be allowed
to attend : Provided that bona fide representatives of a
newspaper or news agency shall not be excluded, except by
special order of the court : Provided also that no person
shall publish the name, address, school, photograph, or any
thing likely to lead to the identification of the child or young
person before the juvenile court, save with the permission
of the court or in so far as required by the provisions of
this Ordinance. Any person who acts in contravention of
the provisions of this proviso shall be liable upon summary
conviction to a fine of tWo hundred and fifty dollars or to
imprisonment for three months.

(5) The Governor in Council may, by order to be
published in the Gazette, provide for the establishment of
such juvenile courts as may appear to him to be necessary
and for assigning to each such court such portion of the
Colony as may be specified in the order.

(6) An order made by the Governor in Council under
the foregoing subsection may provide for such courts being
held elsewhere than in the buildings used as magistrates
courts.





4. Where a person apparently under the age of sixteen
years is apprehended, with or without warrant, and cannot
be brought forthwith' before a juvenile court, an inspector
of police, or other police officer of equal or superior rank,
or the officer in charge of the police station to which such
person is brought, shall inquire into the case, and may in
any case., and
(a)unless the charge is one of homicide or other grave
crime; or
(b)unless it is necessary in the interest of such person
to remove him from association with any undesirable
person; or
(c)unless the officer has reason to believe that the
release of such person would defeat the ends of
justice,
shall release such person on a recognizance, with or without
securities, for such amount as will, in the opinion of the
officer, secure the attendance of such person upon the
hearing of the charge, such recognizance being entered into
by him or by his parent or guardian or other responsible
person.

5. Where a person apparently under the age of sixteen
years having been apprehended is not so released as afore-
said, the officer in charge of the police station to which such
person is brought shall cause him to be detained in a place
of detention provided under this Ordinance until he can be
brought before a juvenile court unless the officer certifies---
(a) that it is impracticable to do so; or
(b)that he is of so unruly or depraved a character that
he cannot be safely so detained; or
(c)that by reason of his state of health or of his mental
or bodily condition it is inadvisable so to detain
him :
and the certificate shall be produced to the court before
which the person is brought.

6. It shall be the duty of the Commissioner of Police
to make arrangements for preventing, so far as practicable,
a child or young person while being detained, from associat-
ing with ail adult, other than a relative, charged with an
offence.





7. (1) A court on remanding or committing for trial
a child or young person who is not released on bail, shall,
instead of committing him to prison, commit him to custody
in a place of detention provided under this Ordinance and
named in the commitment, to be there detained for the period
for which he is remanded or until he is thence delivered in
due course of law : Provided that in the case of a young
person it shall not be obligatory on the court so to commit
him if the court certifies that he is of so unruly a character
that lie cannot be safely so committed, or that he is of so
depraved a character that he is not a fit person to be so
detained.
(2) A commitnient under this section may be varied,
or, in the case of a young person who proves to be of so
unruly a character that he cannot be safely detained in such
custody, or to be of so depraved a character that he is not
a fit person to be so detained, revoked by any court, and if
it is revoked the young person may be committed to prison.

8.(a) Where a child or young person is brought
before a juvenile court for any offence it shall be
the duly of the court as soon as possible to explain
to him in simple language the substance of the
alleged offence.

(b)If the court is satisfied that the child or young
person understands the nature of the alleged offence
it shall (unless the alleged offence is homicide) ask
the child or young person whether he admits the
offence.
(c)If the court is not satisfied that the child or young
person understands the nature of the alleged offence,
or if the child or young person does not admit the
offence the court shall then hear the evidence of the
witnesses in support of the complaint or informa-
tion. At the close of the evidence in chief of each
such witness, the court shall ask the child or young
person, or, if it sees fit, the parent or guardian of
the child or young person,. whether he wishes to put
any questions to the witness. If the child or young
person instead of asking questions wishes to make
a statement he shall be allowed to do so.
(d) If it appears to the court that a Prima facie case is
made out, the evidence of any witnesses for the





defence shall be heard, and the child or young
person shall be allowed to give evidence or to make
any statement.
(e)The court may, for the purpose of assisting the child
or young person in his defence or for the purpose
of explaining anything in the statement of the child
or young person but not otherwise, put to such child
or young person such questions as it may think
necessary.
It shall be the duty of the court to put to the wit-
nesses such questions as appear to be necessary in
the interests of the child or young person.
(g) If the child or young person admits the offence or
the court is satisfied that it is proved, he shall then
be asked if he desires to say anything. in extenuation
or mitigation of the penalty or otherwise.
(h) Before deciding how to deal with the child or young
person the court shall obtain such information as
may be readily available as to his general conduct,
home surroundings, school record, and medical his-
tory, in order to enable it to deal with the case in the
best interests of the child or young person, and
may put to him any question arising out of such
information. For the purpose of obtaining such
information or for special medical examination or
observation or for the purpose of considering how
to deal with the case in the best interests of the child
or young person the court may from time to time
remand the child or young person on bail or to a
place of detention.
(i)If the child or young person admits the offence
or the court is satisfied that it is proved, and
the court decides that a remand is necessary for
purposes of inquiry or observation, the court may
cause an entry to be made in the court register that
the charge is proved and that the child or young
person has been remanded. The court before which
a child or young person so remanded is brought
may without further proof of the commission of the
offence make any order in respect of the child or
young person which could have been made by the
court which so remanded the child or young person.





(j) Where a child is brought before a juvenile court for
any offence other than homicide the case shall be
finally disposed of in such court.
(k) Where a young person is brought before a juvenile
court for any offence other than homicide the case
may be finally disposed of in such court.

9. (1) The Governor may by notice in the Gazette
appoint a fit and proper person or persons of either sex and
either by name or as holding any public office for the time
being to be a probation officer or officers, and may from time
to time appoint a deputy probation officer to act in the
absence or during the illness or incapacity of any probation
officer, and may appoint an assistant probation officer to
perform under the direction of a probation officer, all or any
of the duties of a probation officer. A probation officer when
acting under a probation order shall be subject to the control
of the court.

(2) Where a child or young person or any person who
in the opinion of the court has attained the age of sixteen
years but has not attained the age of twenty-one years is
charged with any offence other than homicide and the court
is satisfied that the charge is proved the court may make an
order discharging the offender conditionally on his entering
into a recognizance, with or without sureties, to be of good
behaviour and to appear for sentence or for conviction and
sentence When called upon at any time during such period,
not exceeding three years, as may be specified in the order.

(3) A recognizance entered into under this section shall,
if the court so order, contain a condition that the offender be
under the supervision of such person as may be named in
the order during the period specified in the order and such
other conditions for securing such supervision as may be
specified in the order, and an order requiring the insertion
of such conditions as aforesaid in the recognizance is in this
Ordinance referred to as a probation order. The court by
which a probation order is made shall furnish to the offender
a notice in writing in a language understood by the offender
stating in simple terms the conditions he is required to
observe.

(4) A recognizance under this section may contain such
additional conditions as the court may, having regard to the





particular circumstances of the case, order to be included
therein with respect to residence, prohibiting the offender
from associating with thieves or other undesirable persons,
or from frequenting undesirable places and generally for
securing that the offender should lead an honest and well
conducted life.
(5) The court may by a probation order direct that it
shall be a condition of the recognizance to be entered into
by the offender that he shall pay such damages for injury
or compensation for loss not exceeding fifty dollars, or if a
higher limit is fixed by any enactment relating to the offence,
that higher limit.
(6) The person named in any probation order shall be-
(a)a probation officer appointed by the Governor, or
a deputy probation officer or assistant probation
officer so appointed; or
(b)if the court considers that the special circumstances
of the case render it desirable, or if no person has
been appointed as a probation officer, a person who
has noi been appointed a probation officer to
undertake supervision in respect of that case.
(7) The person named in a probation order may at any
time be relieved of his duties, and, in any such case or in
case of the death, absence, illness or incapacity of the person
so named, another person may be substituted by the court
before which the offender is bound by his recognizance to
appear for conviction or sentence.
(8) It shall be the duty of a probation officer, subject
to the directions of the court-
(a)to visit or receive reports from the person under
supervision at such reasonable intervals as may be
specified in the probation order, or, subject theretoi
as the probation officer may think fit;
(b)to see that he observes the conditions of his
recognizance;
(c) to report to the court as to his behaviour;
(d)to advise, assist, and befriend him, and, when
necessary, to endeavour to find him suitable
employment.
(9) The court. before which any person is bound by his
recognizance under this Ordinance to appear for conviction
or sentence may, upon the application of the probation





officer, and after notice to the offender, vary the conditions
of the recognizance and may, on being satisfied that the con-
duct of that person has been such as to make it unnecessary
that he should remain longer under supervision, discharge
the recognizance.
(1o)(a) If a court before which an offender is bound
by his recognizance to appear for conviction or sen-
tence, or any court, is satisfied by information on
oath that the offender has failed to observe any of
the conditions of his recognizance, it may issue a
warrant for his apprehension, or may, if it thinks
fit, instead of issuing a warrant in the first instance,
issue a summons to the offender and his sureties
(if any) requiring him or them to attend at such
court and at such time as may be specified in the
summons.
(b)The offender, when apprehended, shall, if not
brought forthwith before the court before which lie
is bound by his recognizance to appear for convic-
tion or sentence, be brought before a court.
(c)The court before which an offender on apprehension
is brought, or before which he appears in pursuance
of such summons as aforesaid, may, if it is not the
court before which he is bound by recognizance to
appear for conviction or sentence, remand him to
custody or on bail until he can be brought before
the last-mentioned court, and the provisions of
section 5 of this Ordinance shall apply to any such
remand as aforesaid.
(d)A court before which a person is bound by his
recognizance to appear for conviction or sentence on
being satisfied that he has failed to observe any con-
dition of his recognizance, may forthwith, without
any further proof of his guilt, deal with him as for
the original offence, or instead of so doing and
without prejudice to the continuance in force of
the probation order, impose on him in respect of
such failure a penalty of one hundred dollars.
(c)Where a person in respect of whom a probation
order has been made is, in pursuance of the fore-
going subsection dealt with as for his original
offence and his recognizance is adjudged by the
court to be forfeited, the court instead of adjudging





the persons bound thereby to pay the sums for
which they are respectively bound may, as it thinks
fit, adjudge those persons or any of them to pay part
only of those sums or may in respect of all or any
of those persons remit payment thereof.

(ii) Where an order under this section is made by a
court the order shall, for the purpose of re-vesting or restor-
ing stolen property and of enabling the court to make orders
as to the restitution or delivery of property to the owner and
as to the payment of money upon or in connexion with such
restitution or delivery, have the like effect of a conviction.

10. (1) Where a child or young person is charged with
any offence or is brought before a court under the provisions
of this or any other Ordinance the court may in its discretion
require the attendance of his parent or guardian and make
such orders as are necessary for the purpose.

(2) Where a child or young person is arrested, the
police officer by whom he is arrested or the officer in charge
of the police station to which he is brought shall, if the
parent or guardian lives within a reasonable distance and
can be found, cause him to be warned to attend at the court
before which the child or young person will be brought.

11. (1) Where a child or young person is charged
before any court with any offence for the commission of
which a fine, damages or costs may be imposed, and the court
is of opinion that the case would be best met by the. imposi-
tion of a fine, damages, or costs, whether with or without
any other punishment, the court may in any case, and shall
if the offender is a child, order that the fine, damages, or
costs awarded be paid by the parent or guardian of the child
or young person instead of by the child or young person,
unless the court is satisfied that the parent or guardian can-
not be found or that he has not conduced to the commission
of the offence by neglecting to exercise due care of the child
or young person.

(2) Where a child or young person is charged with any
offence, the court may order his parent or guardian to give
security for his good behaviour.





(3) Where a court thinks that a charge against a child
or young person is proved, the court may make an order
on the parent or guardian under this section for the payment
of a fine, damages, or costs or requiring him to give security
for good behaviour, without proceeding to the conviction
of the child or young person.

(4) An order under this section may be made against
a parent or guardian who, having been required to attend,
has failed to do so, but, save as. aforesaid, no such order
shall be made without giving the parent or guardian an
opportunity of being heard.

(5) Any sums imposed and ordered to be paid by a
parent or guardian under this section or on forfeiture of any
such security as Aforesaid, may. be recovered from him by
distress or imprisonment in like manner as if the order had
been made on the conviction of the parent or guardian of
the offence with which the child or young person was
charged.

(6) A parent or guardian may Appeal against an order
of a juvenile court under this section in manner prescribed
by Part VI of the Magistrates Ordinance, the provisions
of which Part shall apply to any such appeal.

12. (1) No child shall be sentenced to imprisonment
or committed to prison in default of payment of a fine,
damages, or costs.

(2) No young person shall be sentenced to imprison-
ment if he can be suitably dealt with in any other way
whether by probation, fine, corporal punishment, committal
to a place of detention, reformatory or industrial school, or
otherwise.

(3) A young person sentenced to imprisonment shall
not be allowed to associate with adult prisoners.

(4) The conviction of a child or young person shall not
be regarded as a conviction of felony for the purposes of any
disqualifications attaching to convictions of felony.

13. Sentence of death shall not be pronounced or
recorded against a child or young person, but in lieu thereof
the court shall sentence the child or young person to be
detained during His Majesty's pleasure, and, if so sentenced,





he shall notwithstanding anything in the other provisions
of this Ordinance be liable to be detained in such place and
under such conditions as the Governor may direct, and whilst
so detained shall be deemed to be in legal custody.

14. Notwithstanding anything in this Ordinance to the
contrary, when a child is convicted on indictment of
manslaughter or where a young person . is convicted on
indictment of an attempt to murder, or of manslaughter,
or of wounding with intent to do grievous bodily harm,
the court may sentence the offender to be detained for such
period as may be specified in the sentence; and where such
a sentence is passed the child or young person shall, during
that period, notwithstanding anything in the provisions of
this Ordinance, be liable to be detained in such place and
on such conditions as the Governor may direct, and whilst so
detained shall be deemed to be in legal custody.

15. (1) A person in detention pursuant to the directions
of the Governor under the last two foregoing sections of this
Ordinance may, at any time, be discharged by the Governor
on licence.

(2) A licence may be in such form and may contain
such conditions as the Governor may direct.

(3) A licence rnay at any time be revoked or varied by
the Governor and where a licence has been revoked the per-
son to whom the licence related shall return to such place as
the Governor may direct, and if he fails to do. so may be
apprehended without warrant and taken to that place.

16. Where a child or young person is convicted of an
offence punishable, in the case of an adult, with imprison-
ment, or would, if he were an adult, be liable to be
imprisoned in default of payment of any fine, damages, or
costs, and the court considers that none of the other methods
by which the case may be dealt with is suitable, the court
may order that he be committed to custody in a place of
detention for a period not exceeding six months: Provided
that nothing in this section shall limit the period for which
a child or young person may be sent to a reformatory or
industrial school under the provisions of this or any other
Ordinance for the time being in force.





17.(1.) Any person may bring before a juvenile court
any person apparently under the age of sixteen years who-
(a)is found begging or receiving aims (whether or not
there is any pretence of singing, playing, perform-
ing, offering anything for sale, or otherwise), or
being in any street, premises, or place for the pur-
pose of so begging or receiving alms;
(b)is found wandering and not having any home or
settled place of abode, or visible means of subsis-
tence, or is found wandering and having no parent
or guardian, or a parent or guardian who does not
exercise proper guardianship; or
(c)is found destitute, either being an orphan, or having
both parents or his surviving parent, or in the case
of an illegitimate child his mother, undergoing im-
prisonment; or
(d)is found destitute and having no parent within the
Colony; or
(e)is the daughter, whether legitimate or illegitimate,
of a father who has been convicted of an offence
under section 5 or 6 of the Protection of Women
and Girls Ordinance, 1938, or section 2 of the
Punishment of Incest Ordinance; or
frequents the company of any reputed thief, or com-
mon or reputed prostitute; or
(g)is lodging or residing in a house or the part of a
house used by any prostitute for the purposes of
prostitution, or is otherwise living in circumstances
calculated to cause, encourage, or favour the seduc-
tion or prostitution of the child; or
(h) is in the custody, charge or care of any person who
has within the preceding twelve months been con-
victed of any offence under section 27 of the
Offences against the Person Ordinance; or has at
any time been convicted of an offence under section
44 of the said Ordinance; or
(i)is brought into the Colony for the purpose of
prostitution or has been brought into the Colony
from any other place by reason of her having been
sent to such other place for the purpose of prostitu
tion; or






(i) is found in any circumstances which are, in the
opinion of the court, likely to lead to any injury
to the health or morals of such person.
And the court before which a person is brought as coming
within one of these descriptions, if satisfied on inquiry of
that fact, may order the child or young person to be taken
out of the custody, charge, or care of any person, and to be
committed to the care of a relative of the child or young
person or some other fit person or institution (including a
certified industrial school as defined by the Industrial and
Reformatory Schools Ordinance) named by the court (such
relative or other person or institution being willing to under-
take such care), until the child or young person attains the
age of eighteen years, or for any shorter period, and may in
addition to such order make an order that the child or young
person be placed under the supervision of a probation officer,
and the court may of its own motion, or on the application
of any person, from time to time, by order renew, vary or
revoke any such order: Provided that a child or young
person shall not be treated as coming within the description
contained in paragraph (f) if the only common or reputed
prostitute whose company the child frequents is the mother
of the child or young person, and she exercises proper guar-
dianship and due care to protect the child or young person
from contamination.
(2) Every order made under this section shall be in
writing, and any such order may be made by the court in
the absence of the child or young person; and the consent
of any person or institution to undertake the care of the child
or young person in pursuance of any such order shall be
proved in such manner as the court may think sufficient to
bind that person or institution.
(3)(a) Any person or institution to whose care a child
or young person is committed under this section
shall, whilst the order is in force, have the like con-
trol over the child or young person as the parent
and shall be responsible for his maintenance,
and the child or young person shall continue in
the care of such person or institution, notwithstand-
ing that he is claimed by his parent or any other
person, and if any person-
(i) knowingly assists or induces, directly or in-
directly, a child or young person to escape from





the person or institution to whose care he is so
committed; or
(ii) knowingly harbours, conceals, or prevents
from returning to such person or institution,
child or young person who has so escaped or
knowingly assists in so doing;
he shall be liable upon summary conviction to a
fine of two hundred and fifty dollars, or to
imprisonment for six months.
(b) Any court having power so to commit a child or
young person shall have power to make orders on
the parent or other person liable to maintain the
child or young person to contribute to his mainten-
ance during such period as aforesaid such sums as
the court shall think fit, and may from time to time
vary such orders.
(c) Any such order may be made on the complaint or
application of the person or institution to whose care
the child is for the time being committed or on the
complaint or the application of the Commissioner
of Police and either at the time when the order for
committal of the child or young person is made, or
subsequently, and the sums contributed by the
parent or such other person shall be paid to such
person or institution,as the court may name, and be
applied for the maintenance of the child or young
person or towards the cost of conducting the institu-
tion as the case may be.
(d) Where any parent or other person has been ordered
under this section to contribute to the maintenance
of a child or young person, he shall give notice of,
any change of address to the Commissioner of
Police and if he fails to do so without reasonable
excuse, he shall be liable upon summary conviction
to a fine of one hundred dollars.
(e)The Governor may at any time in his discretion
discharge a child or young person from the
care of any person or institution to whose care
he is committed in pursuance of this section,
either absolutely or on such conditions as the
Governor approves, and the Governor in Council
may, if he thinks fit, make rules in relation
to children or young persons so committed





to the care of any person or institution, and to the
duties of and remuneration of such persons or in-
stitutions with respect to such children or young
persons.

(4) The parent or guardian of a child or young person
who by his neglect to exercise due control shall conduce to
the child or young person being found in any of the cir-
cumstances specified in paragraph (a) of subsection (i) shall
be guilty of an offence and shall be liable upon summary
conviction to a fine of one hundred dollars and in default of
payment to imprisonment for one month.

18. Where a child or young person charged with any
offence is tried by any court, and the court is satisfied of his
guilt the court shall take into consideration the manner in
which, under the provisions of this or any other Ordinance
or law enabling the court to deal with the case, the case
should be dealt with, namely, whether-
(a) by dismissing the charge; or
(b)by discharging the offender on his entering into a
recognizance ; or
(c)by so discharging the offender and placing him
under the supervision of a probation officer-; or
(d)by committing the offender to the care of a relative
or other fit person ; or
(e)by sending the offender to an industrial school if
such a course shall be authorized by law; or
(f) by sending the offender to a reformatory school or
(g) by ordering the offender if a boy to be whipped; or
(h)by ordering the offender to pay a fine, damages, or
costs; or
(i)by ordering the parent or guardian of the offender
to pay a fine, damages, or costs; or
(j) by ordering the parent or guardian of the offender
to give security for his good behaviour; or
(k) by committing the offender to custody in a place of
detention provided under this Ordinance; or
(1)where the offender is a young person, by sentencing
him to imprisonment; or
(m) by dealing with the case in any other manner in
which it may be legally dealt with :
Provided that nothing in this section shall be construed
as authorizing the court to deal with any case in any manner





in which it could not deal with the case apart from this
section.

19. (1) Such place or places of detention as may be
required for the purposes of this Ordinance shall be provided
or appointed by the Commissioner of Police.

(2) If more than one place of detention is provided or
appointed the Commissioner of Police may determine that
any such place shall be used for some only of the purposes
for which places of detention are required to be provided
and another place for the other purposes.

(3) It shall be lawful for the authority or persons
responsible for the management of any institution other
than a prison, whether supported out of public funds or by
voluntary contributions, but subject in the case of an institu-
tion supported out of public funds to the consent of the
Governor, to agree with the Commissioner of Police for the
use of the' institution or any part thereof as a place of deten-
tion on such terms as may be agreed upon between them
and the Commissioner of Police.

(4) In selecting the place of detention to which a child
or young person is to be committed the court or police officer
shall have regard to whether the place is suitable for the
reception of convicted or of unconvicted persons, or of
persons charged with serious offences or minor offences, as
the case may be, and also, where practicable, to the religious
persuasion of the child or young person.

(5) A child or young person detained in a place of
detention may be, by order of the Governor, either discharged
therefrom or transferred to some other place of detention.

20. (1) The order or judgment in pursuance of which
a child or young person is committed to custody in a place
of detention provided under this Ordinance shall be delivered
with the child or young person to the person in charge of
the place of detention and shall. be sufficient authority for
his detention in that place in accordance with the tenor
thereof.

(2) A child or young person whilst so detained and
whilst being conveyed to and from the place of detention
shall be deemed to be in legal custody and if he escapes





may be apprehended without warrant and brought back to
the place of detention in which he was detained.

(3) The Governor shall cause places of detention pro-
vided under this Ordinance to be inspected, and may make
rules as to the places to be used as places of detention, and
as to their inspectionY and as to the classification, treatment,
employment, and control of children and young persons
detained in custody in a place of detention provided under
this Ordinance, and for the children and young persons
whilst so detained being visited from time to time by persons
appointed in accordance with those rules.

21. The expenses incurred by the Commissioner of
Police in respect of any place of detention provided under
this Ordinance, including the expenses of the maintenance of
any child or young person detained therein, whether detained
on apprehension or committed to custody on remand or
commitment for trial or in lieu of imprisonment or in default
of payment of a fine, damages, or costs, shall be defrayed
out of the general revenue.

22. Where a person, whether charged with an offence
or riot, is brought before any court and it appears to the
court that lie is a child or young person, an order or judg-
ment of the court shall not be invalidated by any subsequent
proof that the age of that person has not been correctly
stated to or presumed or declared by the court, and the age
presumed or declared by the court to be the age of the
person so brought before it shall, for the purposes of this
Ordinance, be deemed to be the true age of that person, arid
where it appears to the court that the person so brought
before it is of the age of sixteen years or upwards, that person
shall for the purposes of this Ordinance be deemed not to
be a child or young person.

23. In addition and without prejudice to any powers
which a court may possess to hear proceedings in camera
the court may, where a person who in the opinion of the
court is a child or young person is called as a witness in any
proceedings in relation to an offence against, or any conduct
contrary to, decency ot. morality, direct that all or any
persons, not being members or officers of the court or parties





to the case, their counsel or solicitors, or person,-, otherwise
directly concerned in the case, be excluded from the court
during the taking of the evidence of the child or young
person : Provided that nothing in this section shall authorize
the exclusion of bona fide representatives of a newspaper or
news agency.

24. The Governor in Council may make rules for
carrying this Ordinance into effect, and in particular for
prescribing such matters incidental to the appointment,
resignation, and removal of probation officers, and the per-
formance of their duties, the reports to be made by them,
and the payment of their remuneration or out of pocket
expenses, as may appear-to be necessary.

25. Save in so far as other provision is expressly made
in this Ordinance nothing in this Ordinance shall be deemed
to affect any other law relating to children or young persons.
1 of 1932. 22 of 1933. 5 of 1938. 11 of 1947. Short title. Interpretation. 8 Edw. 7. C. 67, s. 131. Juvenile courts. 8 Edw. 7. C. 67, s. 111. [s. 3 cont.] 10 & 11 Geo. 5, c. 68, s. 1. Bail of children and young persons arrested. 8 Edw. 7, c. 67, s. 94. Custody of children and young persons not released on bail after arrest. 8 Edw. 7, c. 67, s. 95. Prevention of association with adults during detention in police stations. 8 Edw. 7, c. 67, s. 96. Remand or committal to custody in a place of detention 8 Edw. 7, c. 67, s. 97. Procedure in juvenile courts. [s. 8 cont.] Probation officers. 7 Edw. 7, c. 17, s. 3. Probation orders. 7 Edw. 7, c. 17, ss. 2, 3. 11 of 1947, s. 2. 11 of 1947, s. 2. 11 of 1947, s. 2. 15 & 16 Geo. 5, c. 86, s. 7 (2). Who to be named as probation officer. Duties of probation officers. 7 Edw. 7, c. 17, s. 4. Power to vary conditions of recognizance. 7 Edw. 7, c. 17, s. 5. [s. 9 cont.] Provision in case of offender failing to observe conditions of his recognizance. 7 Edw. 7, c. 17, s. 6. 15 & 16 Geo. 5, c. 86, s. 7 (4). 15 & 16 Geo. 5, c. 86, s. 7 (6). Attendance at court of parent of child or young person charged with an offence, etc. 8 Edw. 7, c. 67, s. 98. Power to order parent to pay fine, etc. instead of child or young person. 8 Edw. 7, c. 67, s. 99. [s. 11 cont.] (Cap. 227.) Restrictions on publishment of children and young persons. 8 Edw. 7, c. 67, s. 102. 8 Edw. 7, c. 67, s. 100. Abolition of death sentence in case of children or young persons. 8 Edw. 7, c. 67, s. 103. Detention in case of certain crimes committed by children or young person. 8 Edw. 7, c. 67, s. 104. Provisions as to discharge of children or young persons detained in accordance with directions of the Governor. 8 Edw. 7, c. 67, s. 105. Substitution of custody in a place of detention for imprisonment. 8 Edw. 7, c. 67, s. 106. Children liable to be committed to care of relative, etc. 8 Edw. 7, c. 67, s. 58. 5 of 1938, s. 45. (5 of 1938) (Cap. 216.) (Cap. 212.) 22 of 1933, s. 2. (Cap. 225.) [s. 17 cont.] Methods of dealing with children or young persons charged with offences. 8 Edw. 7, c. 67, s. 107. [s. 18 cont.] Provision of places of detention. 8 Edw. 7, c. 67, s. 108. Provisions as to the custody of children and young persons in places of detention. 8 Edw., 7, c. 67, s. 109. Expenses of maintenance of child or young person. 8 Edw. 7, c. 67, s. 110. Order not to be invalidated by subsequent proof of age. 8 Edw. 7, c. 67, s. 123. Power to clear court whilst a child or young person is giving evidence in certain cases. 8 Edw. 7, c. 67, s. 114. [s. 23 cont.] Power to make rules. Saving.

1 of 1932. 22 of 1933. 5 of 1938. 11 of 1947. Short title. Interpretation. 8 Edw. 7. C. 67, s. 131. Juvenile courts. 8 Edw. 7. C. 67, s. 111. [s. 3 cont.] 10 & 11 Geo. 5, c. 68, s. 1. Bail of children and young persons arrested. 8 Edw. 7, c. 67, s. 94. Custody of children and young persons not released on bail after arrest. 8 Edw. 7, c. 67, s. 95. Prevention of association with adults during detention in police stations. 8 Edw. 7, c. 67, s. 96. Remand or committal to custody in a place of detention 8 Edw. 7, c. 67, s. 97. Procedure in juvenile courts. [s. 8 cont.] Probation officers. 7 Edw. 7, c. 17, s. 3. Probation orders. 7 Edw. 7, c. 17, ss. 2, 3. 11 of 1947, s. 2. 11 of 1947, s. 2. 11 of 1947, s. 2. 15 & 16 Geo. 5, c. 86, s. 7 (2). Who to be named as probation officer. Duties of probation officers. 7 Edw. 7, c. 17, s. 4. Power to vary conditions of recognizance. 7 Edw. 7, c. 17, s. 5. [s. 9 cont.] Provision in case of offender failing to observe conditions of his recognizance. 7 Edw. 7, c. 17, s. 6. 15 & 16 Geo. 5, c. 86, s. 7 (4). 15 & 16 Geo. 5, c. 86, s. 7 (6). Attendance at court of parent of child or young person charged with an offence, etc. 8 Edw. 7, c. 67, s. 98. Power to order parent to pay fine, etc. instead of child or young person. 8 Edw. 7, c. 67, s. 99. [s. 11 cont.] (Cap. 227.) Restrictions on publishment of children and young persons. 8 Edw. 7, c. 67, s. 102. 8 Edw. 7, c. 67, s. 100. Abolition of death sentence in case of children or young persons. 8 Edw. 7, c. 67, s. 103. Detention in case of certain crimes committed by children or young person. 8 Edw. 7, c. 67, s. 104. Provisions as to discharge of children or young persons detained in accordance with directions of the Governor. 8 Edw. 7, c. 67, s. 105. Substitution of custody in a place of detention for imprisonment. 8 Edw. 7, c. 67, s. 106. Children liable to be committed to care of relative, etc. 8 Edw. 7, c. 67, s. 58. 5 of 1938, s. 45. (5 of 1938) (Cap. 216.) (Cap. 212.) 22 of 1933, s. 2. (Cap. 225.) [s. 17 cont.] Methods of dealing with children or young persons charged with offences. 8 Edw. 7, c. 67, s. 107. [s. 18 cont.] Provision of places of detention. 8 Edw. 7, c. 67, s. 108. Provisions as to the custody of children and young persons in places of detention. 8 Edw., 7, c. 67, s. 109. Expenses of maintenance of child or young person. 8 Edw. 7, c. 67, s. 110. Order not to be invalidated by subsequent proof of age. 8 Edw. 7, c. 67, s. 123. Power to clear court whilst a child or young person is giving evidence in certain cases. 8 Edw. 7, c. 67, s. 114. [s. 23 cont.] Power to make rules. Saving.

https://oelawhk.lib.hku.hk/items/show/2059

1950

v5

226

19