REFORMATORY SCHOOLS ORDINANCE

REFORMATORY SCHOOLS ORDINANCE

LAWS OF HONG KONG

REFORMATORY SCHOOLS ORDINANCE

CHAPTER 225

OF


REVISED EDITION 1988

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 225

REFORMATORY SCHOOLS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ...........................3
2. Interpretation ........................3
3-9. (Repealed) ..........................3
GOVERNMENT REFORMATORY SCHOOLS
10. Governor in Council may establish reformatory schools 4
11. Any prison or part thereof may be declared a reformatory school 4
12. Governor may appoint officers to reformatory schools 4
13. Rules by Governor in Council for reformatory schools 4
VISITORS
14. Visitors .............................4
15. Powers and duties of visitors ........4
YOUTHFUL OFFENDERS
16. Reformatory schools lawful places of detention 5
17. Order of detention ...................5
18. Religious persuasion of offender to be considered 6
19. Duties and powers of manager .........6
20. Discharge by Governor ................6
20A. Discharge by Director of Social Welfare 6
20B. Removal to another school ...........7
POWER TO APPRENTICE YOUTHFUL OFFENDER
21. Power to apprentice offender .........7
22. Leave of absence .....................7
23. Classes of instruction outside reformatory 7
24-25. (Repealed) ........................8
EXPENSES RELATING TO YOUTHFUL OFFENDERS
26. Expenses of offenders ................8
OFFENCES IN RELATION TO REFORMATORY SCHOOLS
27. Punishment of refractory offender ....8
28. Power to order detention in training centre etc. or imprisonment 9
28A. Power to order removal to addiction treatment centre 10
29. Escape of offender ...................10
30. Prosecution of detained person committing offence 10
31. Penalties for assisting escape .......11





Section Page

GENERAL

32. Provisions as to custody of person detained 11

33. Orders of the Governor
....................................................... 11
34. Presumptions ........................11
35. Evidence of certification ........... 12

36. Service of notice ............................................
.............................................................. 12

37. Order not to be invalidated by subsequent proof of age 12
38. Power to make regulations ...........12

39. Saving
................................................................................... 12





CHAPTER 225

REFORMATORY SCHOOLS

To provide for and regulate reformatory schools.

(Amended 30 of 19 77 s. 2)

[20 November 1933] Proc. No. 5/1933

Originally 6 of 1932 (Cap. 225, 1950) 21 of 1933, 20 of 1948, 22 of 1950, 6 of 1952, 32 of
1959, 13 of 1966, 66 of 1967, 30 of 1977, R. Ed. 1977, 33 of 1979, 90 of 1988

Short title

1. This Ordinance may be cited as the Reformatory Schools Ordinance.

(Amended 30 of 1977 s. 3)

Interpretation

2. In this Ordinance, unless the context otherwise requires

'child' means a person under the age of 14 years; (Added21 of 1933 s. 2)

'expenses', when used in relation to a person detained under an order of detention,
includes the expenses of or in connection with the custody, education and
maintenance of the person; (Added30of 1977s. 4)

'manager' means the superintendent or manager of any reformatory school
established by the Government; (Replaced 30 of 1977s. 4)

'order of detention' means an order of detention made in pursuance of this
Ordinance;

'parent', when used in relation to a youthful offender, includes a guardian and any
other person legally liable to maintain such youthful offender;

'reformatory school' means any school or institution established by the
Government under the provisions and for the purposes of this Ordinance;

'visitor' means any person appointed by the Governor under this Ordinance to be a
visitor of any reformatory school; (Amended 30 of 1977 s. 4)

'young person' means a person of 14 years or upwards and under the age of 16
years; (Added21 of 1933 s. 2)

'youthful offender' means any offender who, in the absence of legal proof to the
contrary, is, in the opinion of the court before whom such person is brought or
appears, 7 years of age or upwards and under the age of 16 years. (Replaced
21 of 1933 s. 2)

3-9. (Repealed30of1977ss.5&6)





GOVERNMENT REFORMATORY
SCHOOLS

Governor in Council may establish reformatory schools

10. (1) The Governor in Council may, by order to be published in the Gazette,
establish one or more reformatory schools for the reformation of youthful offenders.

(2) Every such order shall specify the premises in which the reformatory school
to which it refers shall be established, and shall state whether the same shall be
used for male or female offenders or both.

Any prison or part thereof may he declared a
reformatory school

11. The Governor in Council may declare any existing or future prison or part
thereof to be a reformatory school within the meaning and for the purposes of this
Ordinance.

Governor may appoint officers to reformatory schools

12. The Governor may appoint to every reformatory school a superintendent or
manager and such other officers, either male or female, as may be deemed necessary,
and allow to the said officers such remuneration as he thinks proper.

Rules by Governor in Council for reformatory schools

13. The Governor in Council may make rules providing for the following matters
in connection with reformatory schools established under this Ordinance

(a) all matters relating to the regulation and management of a reforma-
tory school and the maintenance of order and discipline therein;

(b)discharge of youthful offenders under sections 20 and 20A; (Amended 66
of 1967 Schedule)

(e) the duties to be performed and powers to be exercised by-

(i) the superintendent and other officers including medical officers
appointed under section 12; and

(ii) visitors appointed under section 14.

(Replaced 32 of 1959 s. 2)

VISITORS

Visitors

14. The Governor may appoint one or more fit and proper person or persons to
be the visitor or visitors of reformatory schools, and may remove every such visitor
and appoint another in his stead.

(Amended 30 of 1977s. 8)

Powers and duties of visitors

15. (1) Every person so appointed and every judge of the Supreme Court or
District Court, member of the Executive or Legislative Council or magistrate





may enter at all times any reformatory school, and may make such inquiries or
examination therein as to him appears necessary, and also make such reports as are
required by the Governor. (Amended32of 1959s. 3; 30 of 1977s. 8)

(2) Any manager who at any time refuses admittance to any such visitor, or to
any judge of the Supreme Court or District Court, or to any member of the Executive
or Legislative Council, or to any magistrate, or offers to him any hindrance or
obstruction, shall be liable on summary conviction to a fine of $50. (Amended 13 of
1966 Schedule)

YOUTHFUL
OFFENDERS

Reformatory schools lawful places of detention

16. Every reformatory school shall be a lawful place of detention for such
youthful offenders as are ordered to be detained therein, and shall be subject to be
inspected and reported on as herein provided.

(Amended 30 of 1977 s. 9)

Order of detention

17. (1) When a youthful offender is convicted before any court of an offence
punishable, in the case of an adult by a fine or by imprisonment, the court may, in
lieu of any such sentence of fine or imprisonment, order such offender to be
detained in a reformatory school; and such order shall take effect as a sentence of
detention for a period of not less than 1 year and not more than 3 years, and in any
case not longer than until such offender attains the age of 18 years, and the powers
conferred under section 20A shall be exercisable upon the expiry of the said period
of 1 year. (Replaced 32 of 1959 s. 4. Amended 66 of 1967 Schedule; 90 of 1988 s. 2)

(2) Before a sentence of detention is passed, the court shall consider any
report or representations made by or on behalf of the Director of Social Welfare on
the youthful offender's physical and mental condition and his suitability for such
sentence; and for such purpose the court may remand the said offender in custody
by order made under subsection (4). (Replaced 32 of 1959 s. 4)

(3) An order of detention made in pursuance of this section may, if the court
thinks fit, be made to take effect either immediately or at a later date specified
therein, regard being had to the age or health of the youthful offender.

(4) lf-

(a) an order of detention is made but is not to take effect immediately; or

(b)at the time specified for the order to take effect the youthful offender is
unfit to be sent to a reformatory school; or

(c)the school to which the youthful offender is to be sent cannot be
ascertained until inquiry has been made,

the court may make an order committing him either to custody in any place to which
he might be committed on remand or to the custody of a relative or other fit person
or institution named by the court and he shall be kept in that custody accordingly
until he is sent to a reformatory school in pursuance of the order of

detention.(Amended 30 of 1977 s. 8)





Religious persuasion of offender to he considered

18. In selecting the place of detention to which a youthful offender is to be
sent the court shall have regard, so far as practicable, to the religious persuasion of
the youthful offender.

Duties and powers of manager

19. (1) It shall be the duty of the manager of a reformatory school to report to
the Governor immediately he considers it would be consistent with the welfare of a
youthful offender for him to be discharged from the custody of the school.

(2) The manager of a reformatory school to which a youthful offender under the
age of 10 years is sent, may, with the consent of the Governor, board the offender
out with any suitable person until he reaches the age of 10 years and thereafter for
such longer period, with the consent of the Governor, as the manager considers to
be advisable in the interests of the offender, subject to the exercise by the manager
of such powers as to supervision, recall and otherwise as may be prescribed by rules
made by the Governor in Council; and where an offender is so boarded out he shall
nevertheless be deemed for the purposes of this Ordinance to be a youthful offender
detained in the reformatory school, and the provisions of this Ordinance shall apply
accordingly, subject to such necessary adaptations as may be made by order of the
Governor in Council.

(Amended 21 of 1933 s. 7; 30 of 1977 s. 8)

Discharge by Governor

20. The Governor may at any time discharge a youthful offender from the
custody of any reformatory school.

(Replaced 66 of 1967 Schedule)

Discharge by Director of Social Welfare

20A. (1) Subject to section 17(1), the Director of Social Welfare may discharge
a youthful offender from the custody of any reformatory school.

(2) The discharge of a youthful offender under subsection (1) may be on
licence and the licence may be in such form and may be subject to such conditions
as the Director thinks fit, and the Director may at any time revoke, or vary the
conditions of, such licence.

(3) When a licence has been revoked, the Director may direct that the youthful
offender to whom it related shall report in person to such place as may be specified
in the direction; and if he fails so to report he may be apprehended without warrant
by a police officer and taken to that place.

(4) Where a licence has been revoked and the youthful offender concerned is
not discharged under subsection (1), any order made under section 26(1) shall
revive and be in force during the period for which the youthful offender is detained.

(Added 66 of 1967 Schedule)





Removal to another school

20B. The Director of Social Welfare may at any time direct that a person
detained in a reformatory school be removed from one such school to another such
school.

(Added 66 of 1967 Schedule)

POWER TO APPRENTICE YOUTHFUL
OFFENDER

Power to apprentice offender

21. (1) The manager of a reformatory school may, if the youthful offender
consents thereto and with the approval of the Governor, bind any youthful offender
detained under this Ordinance as an apprentice notwithstanding that his period of
detention has not expired. (Amended 30 of 1977 s.8)

(2) Any youthful offender who is bound as aforesaid and who absconds from
the service of his master shall be liable to be arrested without warrant and brought
before a court of competent jurisdiction and shall be liable to imprisonment for 3
months and may be ordered by the court to return to the place in which he was
detained before his apprenticeship there to complete his period of detention:

Provided that such youthful offender shall not be detained longer than until he
attains the age of 18 years.

Leave of absence

22. (1) The manager of a reformatory school may grant any youthful offender
leave of absence from the reformatory school for such periods as may be
prescribed.

(2) A youthful offender granted leave of absence shall reside during his leave
at the address directed by the manager. Any youthful offender who contravenes the
provisions of this subsection shall be liable to be punished in the manner prescribed
by the rules of the reformatory school.

(3) Any youthful offender who without due cause does not return to the
reformatory school at or before the expiration of the period for which he has been
granted leave shall be deemed to have escaped from the reformatory school and the
provisions of sections 29 and 31 shall apply and the said youthful offender shall be
liable to be punished in the manner prescribed by the rules of the reformatory
school.

(Added 6 of 1952 s. 2)

Classes of instruction outside reformatory

23. (1) The manager of a reformatory school may, in the interests of training,
order any youthful offender to attend any class of instruction or to participate in
any other activity outside the precincts of the reformatory school and conducted by
persons other than members of the staff of the reformatory school.





(2) Any youthful offender shall be deemed, while absent from the reformatory
school in pursuance of an order under this section, to be in legal custody.

(Added 6 of 1952 s. 2)

24-25. (Repealed 30 of 1977 ss. 6 7)

EXPENSES RELATING TO YOUTHFUL
OFFENDERS

Expenses of offenders

26. (1). Any court having power to order a youthful offender to be sent to a
reformatory school shall have power to make orders on the parent of the youthful
offender to contribute for the whole or any part of the expenses of the youthful
offender during the period of detention such sums as the court may think fit and
may of its own motion, or on the application of any person, from time to time revoke
or vary such orders or remit wholly or partially any payment ordered to be made
under this section. (Amended 30 of 1977s. 8)

(2) Any such order may be made on the complaint or application of the manager
of the reformatory school to which the youthful offender is ordered to be sent or on
the complaint or application of the Commissioner of Police and either at the time
when the youthful offender is ordered to be sent to the reformatory school or
subsequently, and the sums ordered to be contributed shall be paid to such persons
as the court may name. (Amended 30 of 1977 s.8)

(3) A court having power to make an order for contribution under this section
may issue an order requiring the parent to attend and show cause why an order for
contribution should not be made, and an order for contribution under this section
may be made on a parent 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.

(4) A court making an order for contribution under this section shall have
regard to the means of the person on whom such order shall be made.

(5) Any sums ordered to be contributed by a parent under this section may be
recovered from him by distress or imprisonment in like manner as if the same were a
fine legally imposed on him by the court.

(6) Where an order for contribution has been made under this section the
person on whom such order has been made 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 on summary conviction to a fine of $100.

OFFENCES IN RELATION TO REFORMATORY
SCHOOLS

(Amended 30 of 1977 s. 10)

Punishment of refractory offender

27. Any youthful offender detained in a reformatory school who

(a) wilfully neglects or wilfully refuses to conform to the rules thereof; or

(b) is guilty of wilful insubordination against the discipline thereof,





shall be liable to be punished in the manner prescribed by the rules of the said
reformatory school.

(Amended 30 of 1977s. 8)

Power to order detention in training centre etc. or imprisonment

28. (1) On an application being made on behalf of the Director of Social
Welfare in respect of a youthful offender who is unsuitable for further detention in
a reformatory school, a court or magistrate may order that such youthful offender be
detained in a training centre or in a detention centre or may commute the unexpired
part of his period of detention to such term of imprisonment as it may see fit not
exceeding the said unexpired period of detention. (Amended 30 of 1977s. 11;90 of
1988s.3)

(2) For the purpose of determining which order, if any, would be the more
expedient for the reformation of the youthful offender and for the prevention of
crime, the court may conduct such inquiry as it may see fit, including the hearing of
the youthful offender.

(3) An order for the detention of a youthful offender in a training centre -shall
take effect as if it had been made under the provisions of the Training Centres
Ordinance (Cap. 280).

(3A) An order under subsection (1) for the detention of a youthful offender in a
detention centre shall take effect as if it had been made under the Detention Centres
Ordinance(Cap. 239). (Added30of 1977s.11)

(M) Before an order is made under subsection (1) for detention of a youthful
offender in a training centre or detention centre a court or a magistrate shall consider
a report of the Commissioner of Correctional Services on the suitability of the
youthful offender for detention in a training centre or a detention centre and on the
availability of places at training centres or detention centres. (Replaced 90 of 1988
s. 3)

(3C) On an application made under subsection (1) a court or magistrate shall
remand the youthful offender who is the subject of the application in the custody of
the Commissioner of Correctional Services for such period, not exceeding 3 weeks,
as the court thinks necessary to enable the Commissioner to form an opinion as to
whether or not the youthful offender is suitable for detention in a training centre or
in a detention centre. (Added30of 1977 s. 11)

(4) For the purposes of this section, a youthful offender is unsuitable for
further detention if he has attained the age of 14 years and the Director of Social
Welfare has certified in writing that, in the opinion of the Director of Social Welfare,
he is unsuitable for such further detention by reason of any of the following-
(Amended 90 of 1988 s. 3)

(a) absconding,

(b) persistent refusal to conform to the rules of the reformatory school;

(e) wilful insubordination against the discipline of such school;

(d)such other conduct as renders him a bad influence on the other youthful
offenders detained in such school.

(5) For the purposes of this section, the definition of 'youthful offender' in
section 2 shall apply as if the words 'under the age of 18 years' were substituted for
the words 'under the age of 16 years'. (Added 90 of 1988 s. 3) (Added 32 of 1959
s. 5)





Power to order removal to addiction treatment centre

28A. (1) On an application being made on behalf of the Director of Social
Welfare in respect of a youthful offender detained in a reformatory school, a court or
magistrate may order that such youthful offender be removed from such school to
an additional treatment centre.

(2) Before an order is made under subsection (1) a court or a magistrate shall
consider a report of the Commissioner of Correctional Services on the suitability of
the youthful offender for cure and rehabilitation and on the availability of places at
addiction treatment centres and on whether it is in the interest of the youthful
offender and in the public interest that such youthful offender should undergo a
period of cure and rehabilitation in an addiction treatment centre.

(3) An order under subsection (1) shall take effect as if it were a detention order
made under section 4(1) of the Drug Addiction Treatment Centres Ordinance (Cap.
244).

(4) For the purposes of this section, the definition of 'youthful offender' in
section 2 shall apply as if the words 'under the age of 18 years' were substituted for
the words 'under the age of 16 years'.

(Added 90 of 1988 s. 4)

Escape of offender

29. Any youthful offender detained in a reformatory school who escapes
therefrom may, at any time before the expiration of his period of detention, be
apprehended without warrant and brought back to the place in which he was
detained there to complete his period of detention:

Provided that such youthful offender shall not be detained longer than until he
attains the age of 18 years.

(Amended 30 of 19 77 s. 8)

Prosecution of detained person committing offence

30. (1) Any youthful offender detained in a reformatory school who-

(a) during his period of detention commits any offence; or

(b)prior to being detained committed any offence, other than the offence for
which he is detained,

shall be liable to be prosecuted on account of such offence.

(2) If found guilty and sentenced-

(a)to imprisonment or to detention in a. detention centre or training centre, the
order for the youthful offender's detention in the reformatory school shall
be discharged;

(b)to any other punishment, including a suspended sentence, he shall be
taken back to the reformatory school wherein he was detained or such
other school as the Governor may direct, there to complete his period of
detention:

Provided that such youthful offender shall not be detained longer
than until he attains the age of 18 years.

(Replaced 30 of 1977 s. 12)





Penalties for assisting escape

31. Any person who-

(a) knowingly assists or induces, directly or indirectly, a youthful offender
to escape from any reformatory school wherein he is detained; or

(b)knowingly harbours, conceals or prevents from returning to such
reformatory school any youthful offender who has escape therefrom or
knowingly assists in so doing,

shall be liable on summary conviction to a fine of $1,000 or to imprisonment for 6
months.

(Amended 22 of 1950 Schedule; 30 of 1977 s. 8)

GENERAL

Provisions as to custody of person detained

32. (1) The order of detention made by a court in pursuance of which a youthful
offender is sent to a reformatory school shall be in writing under the hand of the
presiding magistrate and the seal of the court and shall be delivered with the
youthful offender to the manager of the reformatory school and shall be sufficient
authority for his detention therein, or in any other place to which he is transferred in
pursuance of this Ordinance, in accordance with the tenor thereof.

(2) A youthful offender whilst so detained and whilst being conveyed to and
from a reformatory school shall be deemed to be in legal custody and if he escapes
may be apprehended without warrant and taken to the place wherein he was
detained or to or from which he was being conveyed.

(3) Every officer of a reformatory school authorized by the manager thereof or
by the court to take charge of any youthful offender ordered to be detained under
this Ordinance, for the purpose of conveying him to or from the school or of
apprehending and bringing him back to the school in case of his escape or refusal to
return, shall for that purpose and while engaged in that duty have all the powers,
protection and privileges of a police officer.

(Amended 30 of 1977s. 8)

Orders of the Governor

33. (1) Every order, authority or direction which by the provisions of this
Ordinance may be given by the Governor shall be in writing.

(2) A copy under the hand of the Chief Secretary shall be evidence of any such
order, authority or direction purporting to be contained therein until the contrary is
shown.

Presumptions

34. (1) The production of the order, warrant or other document, in pursuance of
which a child or young person is directed to be sent to a reformatory school, or
committed to the care or custody of a society or institution, with a statement
endorsed thereon or annexed thereto purporting to be signed by the manager to the
effect that the child or young person named





therein was duly received into and is at the date of the signing thereof in such
school, or by the secretary of such society or institution to the effect that such
child or young person was duly taken into the custody or care of such society or
institution and is at the date of signing thereof still in its care or custody, or has
been otherwise dealt with according to law, shall in all proceedings relating to
such child or young person be prima facie evidence of the identity and of the
lawful detention or disposal of the child or young person named in such order,
warrant or other document.

(2) A school to which any youthful offender is ordered to be sent in
pursuance of this Ordinance shall, until the contrary be proved, be presumed to
be a reformatory school within the meaning of this Ordinance.
(Amended21 of 1933 s. 8; 30 of 1977 s. 8)

Evidence of certification

35. (1)-(2) (Repealed 30 of 1977 s. 13)

(3) A copy of the rules of a reformatory school purporting to be signed by
the Clerk of Councils, shall be evidence of such rules in all legal proceedings
whatsoever. (Amended 30 of 1977 s. 13)

Service of notice

36. Any notice required to be given to a manager of a reformatory school
may be served on him by being delivered personally to him or by being sent by
post or otherwise in a letter addressed to him at the school.
(Amended 30 of 19 77 s. 8)

Order not to he invalidated by subsequent proof of age

37. Where a person charged with an offence is brought before a court and
it appears to the court, after considering any available evidence as to his age,
that he is above the age of 7 and under the age of 16 years an order or judgment
of the court shall not be invalidated by any subsequent proof that the age of that
person has not been correctly stated 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; and where it appears to the court, after considering any available
evidence as to his age, that the person so brought before it is of the age of 16
years or upwards, that person shall for the purposes of this Ordinance be deemed
not to be a youthful offender.
(Amended 33 of 19 79 s. 2)

Power to make regulations

38. The Governor in Council may by regulation provide for the carrying
into effect of the provisions of this Ordinance and forms to be used for the
purpose of legal proceedings thereunder or otherwise.

Saving

39. 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.

https://oelawhk.lib.hku.hk/items/show/2906

1964

v15

225

13