JUVENILE OFFENDERS ORDINANCE

JUVENILE OFFENDERS ORDINANCE

LAWS OF HONG KONG

JUVENILE OFFENDERS ORDINANCE

CHAPTER 226

REVISED EDITION 1983

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONGKONG





CHAPTER 226

JUVENILE OFFENDERS ORDINANCE

ARRANGEMENT OF SECTIONS

Section page

1. Short title ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... .. ... ... ... ... ... ... ... ... ... ... 2
3. Age of criminal responsibility ... ... ... ... ... ... ... ... ... ... ... 3
3A. Juvenile courts ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
3B. Juvenile court may take advice as to method of dealing with juvenile ... ... ... 3
3C. Assignment of certain matters to juvenile courts ... ... ... ... ... ... ... 3
3D. Procedure in juvenile courts ... ... ... ... ... ... ... ... ... ... ... ... 4
3E. Miscellaneous provisions as to powers of juvenile courts ... ... ... ... ... ... 4
3F. Power of other courts to remit juvenile offenders to juvenile courts ... ... ... 5
4. Bail of children and young persons arrested ... ... ... ... ... ... ... ... 5
5. Custody of children and young persons not released on bail after arrest ... ... 6
6. Separation of children and young persons in police stations, courts. etc. 6
7. Remand or committal to custody in a place of detention... ... ... ... ... ... 6
8. Procedure in juvenile courts ... ... ... ... ... ... ... ... ... ... ... ... 7
9. Attendance at court of parent of child or young person charged with an offence.

etc . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
10. Power to order parent to pay fine, etc. instead of child or young person ... ... 8
11. Restrictions on punishment of children and young persons ... . . ... ... ... 9
12. Detention in case of certain crimes committed by children or young persons ... 9
13. Provisions as to discharge of children or young persons detained in accordance
with directions of the Governor ... ... ... ... ... ... ... ... ... ... 10
14. Detention in place of detention . ... ... ... ... ... ... ... ... ... ... 10
14A. Supervision order .... ... ... ... ... ... ... ... ... ... ... . ... ... 10
14B. Recall order ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11
14C. Meaning of 'young person' in sections 14A and 14B ... ... ... ... ... ... 11
15. Methods of dealing with children or young persons charged with offences ... ... 11
16. Provision of places of detention ... ... ... ... ... ... ... ... ... ... ... 12
17. Provisions as to the custody of children and young persons in places of detention 13
18. Expenses of maintenance of child or young person ... ... ... ... ... ... ... 13
19. Order not to he invalidated by subsequent proof of age ... ... ... ... ... ... 13
20. Power to clear court whilst a child or young person is giving evidence in certain
cases ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 13
20A. Restriction on reports of proceedings in juvenile courts and power of other courts
to prohibit certain reports ... ... ... ... ... ... ... ... ... ... ... 14
21. Power to made rules ... ... ... ... ... ... ... ... ... ... ... ... ... 15
22. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15





CHAPTER 226

JUVENILE OFFENDERS

To make provision for juvenile courts and juveniles.

(Amended, 15 of 1973, s. 2)

[20 November 1933.1

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

2. (1) 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 ape of
14 years;

'detention order' means an order of detention under section 14(1);

(Added, 11 of 1977, s. 2)

'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 concerned, has for the time being the charge of or control
over the child or young person;

'Panel' means the Juvenile Courts Advisory Panel appointed under
section 3B(2); (Added, 15 of 1973, s. 3)

'place of detention' means a place of detention appointed under
section 16; (Added, 15 of 1973, s. 3)

,.recall order' means an order made under section 14B(1) requiring a
child or young person to return to a place of detention; (Added, 11
of 1977, s. 2)

'supervision order' means an order for supervision made under section
14A(1); (Added, 11 of 1977, s. 2)

'young person' means a person who is, in the opinion of the court
having cognizance of any case in relation to such person, 14 years
of age or upwards and under the age of 16 years.

(Amended, 8 of 1960, s. 2)





(2) References in this Ordinance to a finding of guilty shall be
construed as including references to a plea of guilty and an admission
that an offence has been committed. (Added, 15 of 1973, s. 3)

3. It shall be conclusively presumed that no child under the age of
7 years can be guilty of an offence.

(Replaced, 15 of 1973, s. 4)

3A. (1) Courts constituted in accordance with this section and
sitting for the purpose of hearing any charge against a child or young
person or for the purpose of exercising any other jurisdiction conferred
on juvenile courts by or under this or any other Ordinance shall be
known as juvenile courts.

(2) A juvenile court shall consist of a permanent magistrate
appointed by the Chief Justice.

(3) A juvenile court shall have jurisdiction to hear and determine a
charge against a child or young person of any offence other than
homicide.

(4) A juvenile court shall have all the powers of a permanent
magistrate and, subject to this Ordinance, the Magistrates Ordinance
shall apply to proceedings before a juvenile court as it applies to
proceedings before a magistrate. (Added, 15 of 1973, s. 4)

3B. (1) A juvenile court may, in determining the method of dealing
with a child or young person who has been found guilty of any offence,
take the advice of 2 persons selected by the court from the Panel.

(2) For the purposes of subsection (1), the Chief Justice may, after
consultation with the Secretary for Home Affairs, appoint a panel of
persons, which shall be known as the Juvenile Courts Advisory Panel.

(3) Notice of the appointment of any person to the Panel shall
be published in the Gazette. (Added, 15 of 1973, s. 4)

3C. (1) Subject as hereinafter provided, no charge against a child or
young person shall be heard by a court of summary jurisdiction which
is not a juvenile court.

(2) Notwithstanding subsection (1)-

(a)a charge made jointly against a child or young person and a
person who has attained the age of 16 years shall be heard by
a court of summary jurisdiction other than a juvenile court;

(b)where a child or young person is charged with an offence, the
charge may be heard by a court of summary jurisdiction which
is not a juvenile court if a person who has attained the age of
16 years is charged at the same time





with aiding, abetting, causing, procuring, allowing or
permitting that offence; and

(e)where, in the course of any proceedings before any court of
summary jurisdiction other than a juvenile court, it appears
that the person to whom the proceedings relate is a child or
young person, nothing in this subsection shall be construed
as preventing the court, if it thinks fit so to do, from
proceeding with the hearing and determination of those
proceedings.

(3) No direction, whether contained in this or any other Ordinance,
that a charge shall be brought before a juvenile court shall be construed
as restricting the powers of any judge, District Judge or magistrate to
entertain an application for bail or for a remand, and to hear such
evidence as may be necessary for that purpose.

(Added, 15 of 1973, s. 4)

3D. (1) Juvenile courts shall sit as often as may be necessary for
the purpose of exercising any jurisdiction conferred on them by this or
any other Ordinance.

(2) A juvenile court shall not sit in a room in which sittings of a
court other than a juvenile court are held if a sitting of that other court
has been or will be held within an hour before or after the sitting of the
juvenile court.

(3) No person shall be present at any sitting of a juvenile court
except

(a) officers of the court;

(b)parties to the case before the court, their solicitors and
counsel, and witnesses and other persons directly concerned
in that case;

(c) bona fide representatives of newspapers or news agencies;

(d)such other persons as the court may specially authorize to be
present.

(4) Notwithstanding subsection (3)(c) a juvenile court may exclude
any representative of a newspaper or news agency from any sitting
thereof.

(Added, 15 of 1973, s. 4)

3E. (1) A juvenile court sitting for the purpose of hearing a charge
against a person who is believed to be a child or young person may
proceed with the hearing and determination of the charge
notwithstanding that it is discovered that the person in question is not a
child or young person.

(2) The attainment of the age of 16 years by a person-

(a)under supervision by virtue of a probation order made under
the Probation of Offenders Ordinance; or

(b)in whose case an order for conditional discharge has been
made,





shall not deprive a juvenile court of jurisdiction to-
(i) enforce his attendance and deal with him for any con-
travention of the requirements of the probation order or
for the commission of a further offence; or
(ii) amend or discharge the probation order.

(3) When a juvenile court has remanded a child or young
person for information to be obtained about him, any juvenile
court may-

(a)in his absence extend the period for which he is remanded,
so, however, that he appears before a court at least once in
every 21 days; and

(b)when the required information has been obtained, deal
with him finally.
(Added, 15 of 1973, s. 4)

3F. (1) If a child or young person is found guilty of an offence
other than homicide by any court other than a juvenile court, the
court shall, unless satisfied that it would be undesirable to do so,
remit the case to a juvenile court; and where any such case is so
remitted the offender shall be brought before the juvenile court
accordingly, and that court may deal with him in any way in which
it might have dealt with him if he had been tried and found guilty
by that court.

(2) Where any case is so remitted-

(a)the offender shall have the same right of appeal against
any order of the juvenile court to which the case is remitted
as if he had been found guilty by that court, but shall have
no right of appeal against the order of remission; and

(b)any appeal against the finding of guilt shall be made in
accordance with the provisions for appeal against the
finding of the remitting court and the time within which
such appeal shall be made shall run from the date of the
final order of the juvenile court to which the case was
remitted.

(3) A court by which an order remitting a case to a juvenile
court is made under this section may give such directions as appear
to be necessary for the custody of the offender or for his release on
bail until he can be brought before the juvenile court, and shall
cause to be transmitted to the juvenile court a certificate setting out
the nature of the offence and stating that the offender has been
found guilty thereof, and that the case has been remitted for the
purpose of being dealt with under this section.
(Added, 15 of 1973, s. 4)

4. Where a person apparently under the age of 16 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 16 years
having been apprehended is not so released as aforesaid, 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 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.
(Amended, 15 of 1973, s. 5)

6. (1) No child or young person while-

(a) detained in a police station;

(b) being conveyed to or from any criminal court; or
(c) waiting before or after attendance in any criminal court,

shall be permitted to associate with an adult (not being a relative)
who is charged with any offence other than an offence with which the
child or young person is jointly charged.

(2) Any girl (being a child or young person) shall, while so
detained, being conveyed or waiting, be under the care of a female.
(Replaced, 15 of 1973, s. 6)

7. (1) A court on remanding or committing for trial a child
or young person who is not released on bail shall commit him to
custody-

(a) in the case of a child, in a place of detention;





(b)in the case of a young person, in a place of detention or a
training centre established under the Training Centres
Ordinance.
(Replaced, 15 of 1973, s. 7)

(2) A commitment 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. (1) Where a child or young person is brought before a
juvenile court for any offence it shall be the duty of the court as soon
as possible to explain to him in simple language the substance of the
alleged offence.

(2) 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.

(3) 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
information. 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.

(4) 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.
(Amended, 34 of 1972, s. 22)

(5) The court may, for the purpose of assisting the child or
young person in his defence, put to such child or young person such
questions as it may think necessary. (Amended, 34 of 1972, s. 22)
(6) It shall be the duty of the court to put to the witnesses such
questions as appear to be necessary in the interests of the child or
young person.

(7) Where-

(a)the child or young person admits the offence or the court is
satisfied that it is proved; or

(b)the case of a child or young person is remitted to the court
under section 3F,

the child or young person shall be asked if he desires to say
anything in extenuation or mitigation of the penalty or otherwise.
(Replaced, 15 of 1973, s. 8)





(8) 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 history, 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.

(9) 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.
(Amended, 15 of 1973, s. 8)

9. (1) Subject to subsection (IA), 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, his parent or guardian
shall, unless the court otherwise orders, attend before the court
during all stages of the proceedings; and the court may compel the
attendance of the parent or guardian as if he were required as a
witness in the proceedings. (Replaced, 15 of 1973, s. 9)

(IA) If it appears to a court to be necessary to do so in the
interest of a child or young person, the court may require his parent
or guardian to withdraw from the court. (Added, 15 of 1973, s. 9)

(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.

10. (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 imposition 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 cannot 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) No order shall be made under this section unless the parent or
guardian has been given opportunity of being heard. (Replaced, 15 of
1973, s. 10)

(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 VII of the
Magistrates Ordinance, the provisions of which Part shall apply to any
such appeal.

11. (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 imprisonment if he can
be suitably dealt within any other way. (Amended, 15 of 1973, S. 11)

(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.

12. 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.





13. (1) A person in detention pursuant to the directions of the
Governor under section 12 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 may at any time be revoked or varied by the Governor
and where a licence has been revoked the person 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.

14. (1) Where a child or young person-

(a)is found guilty of an offence punishable in the case of an adult
with imprisonment; or

(b)would be liable if he were an adult to be imprisoned in default
of payment of any fine, damages or costs,

and the court considers that no other method in which the case may be
dealt with is suitable, the court may order that he be detained in a place
of detention.

(2) A child or young person ordered to be detained in a place of
detention shall be so detained for such period not exceeding 6 months
from the date of such order as the Director of Social Welfare may
determine:

Provided that the period of detention shall not exceed the maximum
term of imprisonment to which the child or young person would have
been liable, if he were an adult, for the offence of which he was found
guilty or in default of payment of the fine, damages or costs, as the case
may be.

(Replaced, 15 of 1973, s. 12)

14A. (1) The Director of Social Welfare may make a supervision
order against a child or young person who is released from a place of
detention after having been detained for less than 6 months under a
detention order.

(2) A supervision order shall contain conditions that-

(a)for a period from the date of his release until the expiration of 6
months from the date of the detention order, the child or young
person shall be subject to supervision by such organization or
person as may be specified therein; and

(b)the child or young person shall, while under such supervision,
comply with such requirements, including requirements as to
residence, as may be specified therein.

(3) The Director of Social Welfare may at any time vary or cancel
a supervision order.

(Added, 11 of 1977, s. 3)





14B. (1) The Director of Social Welfare may, if he is satisfied that a
child or young person against whom a supervision order is in force has
failed to comply with any condition or requirement of or made under the
order, make a recall order against such child or young person requiring
him to return to a place of detention, and thereupon such child or young
person may be arrested and taken to a place of detention.

(2) A child or young person who has returned or been taken to a
place of detention under subsection (1) may be detained until the
expiration of 6 months from the date of the detention order.

(3) The Director of Social Welfare may at any time release any such
child or young person, and a further supervision order shall not be
made in respect of such child or young person.

(Added, 11 of 1977, s. 3)

14C. For the purposes of sections 14A and 14B, -young person'
includes a person who attains the age of 16 years during the period of 6
months after the date of the detention order.

(Added, 11 of 1977, s. 3)

15. (1) 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, and subject to such provisions, may deal
with the case in any of the following manners or a combination thereof,
namely- (Amended, 66 of 1967,s.2)

(a) by dismissing the charge;

(b)by discharging the offender on his entering into a
recognizance;

(e)by dealing with the offender under the provisions of the
Probation of Offenders Ordinance; (Replaced, 8 of 1960, s.3)

(d)by dealing with the offender under section 96(b) of the
Magistrates Ordinance; (Replaced, 15 of 1973, s. 13)

(e)if the offender is in need of care and protection, by dealing
with him under section 34 of the Protection of Women and
Juveniles Ordinance; (Replaced, 15 of 1973, s. 13)

by sending the offender to a reformatory school;

(g)by ordering the offender if a boy to be caned in accordance
with the Corporal Punishment Ordinance; (Amended, 35 of
1959, Schedule and 15 of 1973, s. 13)

(h) by ordering the offender to pay a fine, damages, or costs;

(i)by ordering the parent or guardian of the offender to pay a
fine, damages, or costs;





(j)by ordering the parent or guardian of the offender to give
security for his good behaviour;

(k)by committing the offender to custody in a place of detention;
(Amended, 15 of 1973, s. 13)

(1)where the offender is a young person, by sentencing him to
imprisonment or to detention in a training centre established
under the Training Centres Ordinance; (Amended, 15 of 1973,
s. 13)

(m)where the offender is a male person, by dealing with him under
the provisions of the Detention Centres Ordinance; (Added, 15
of 1973, s. 13)

(n)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.

(2) Damages which may be ordered under subsection (1)(h) or (i)
shall be by way of compensation for

(a) personal injury;

(b) loss of or damage to property; or

(e) both such injury and loss or damage,

as the court thinks reasonable; but in the case of an order made by a
magistrate's court, the compensation shall not exceed 55,000. (Added, 48
of 1972, s. 4)

16. (1) The Governor may by order-

(a)appoint any place to be a place of detention for the purposes
of this Ordinance;

(b)declare that any place of detention shall be used only for such
of the purposes for which places of detention are provided as
may be specified in the order.

(Replaced, 15 of 1973, s. 14)

(2)-(3) [Deleted, 15 of 1973, s. 14]

(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.





17. (1) The order or judgment in pursuance of which a child or
young person is committed to custody in a place of detention 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 was detained.

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

(Amended, 15 of 1973, s. 15)

18. The expenses incurred by the Government in respect of any
place of detention, 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.

(Amended, 15 of 1973, s. 16)

19. Where a person, whether charged with an offence or not, is
brought before any court and it appears to the court, after considering
any available evidence as to his age, that he is a child or young person,
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 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, 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 child or young person.

(Amended, 33 of 1979, s. 2)

20. 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 or 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 persons 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.

20A. (1) Subject to subsection (2) no person shall-

(a)publish a written report or broadcast a report of any
proceedings in a juvenile court or on appeal from a juvenile
court-
(i) revealing the name, address or school; or
(ii) including any particulars calculated to lead to the
identification,

of any child or young person concerned in the proceedings,
either as being the person against or in respect of whom the
proceedings are taken or as being a witness therein; or

(b)publish in a written report any picture or broadcast any
picture as being or including a picture of any child or
young person so concerned in any such proceedings.

(2) The court may, if satisfied that it is in the interests of justice
so to do, by order dispense with the requirements of subsection (1) to
such extent as may be specified in the order.

(3) In any proceedings in any court, other than proceedings to
which subsection (1) applies, the court may direct that, except in so
far as the court may otherwise permit, no person shall publish any of
the matters specified in subsection (1) in respect of the proceedings
before it.

(4) If a report or picture is published or broadcast in
contravention of subsection (1) or of a direction of a court under
subsection (3), the following persons-

(a)in the case of publication of a written report or picture
as part of a newspaper or periodical publication, any
proprietor, editor, publisher or distributor thereof,

(b)in the case of a publication of a written report or picture
otherwise than as part of a newspaper or periodical
publication, the person who publishes or distributes it,

(c)in the case of a broadcast of a report or picture, any person
who transmits or provides the programme in which the
report or picture is broadcast and any person having
functions in relation to the programme corresponding
to those of the editor of a newspaper or periodical
publication,

shall be guilty of an offence and shall be liable on conviction to a fine
of $10,000 and to imprisonment for 6 months.

(5) Proceedings for an offence under this section shall not be
instituted except with the consent of the Attorney Genera).





(6) Subsections (j) and (3) shall be in addition to. and not in
derogation from, the provisions of any other Ordinance with respect to
the publication of reports of judicial proceedings.

(7) In this section

'broadcast- means sounds or visual images broadcast by wireless
telegraphy or by means of a high frequency distribution system
over wire or other paths provided by a material substance and
intended for general reception..

-publish-, in relation to a report, means publish the report. either by
itself or as part of a newspaper or periodical. for distribution to the
public.

(Added, 15 (1197

3. s. 17 j

21. The Governor in Council may make rules, as from time to time
appear to him to be necessary, providing for the proper carrying into
effect of the purposes of this Ordinance.

'Replaced. 8 of 1960, s. 4;

22. 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.
Originally 1 of 1932. (Cap. 226,1950.) 22 of 1933. 5 of 1938. 11 of 1947. 1 of 1951. 29 of 1952. 57 of 1956. 35 of 1959. 8 of 1960. 66 of 1967. 7 of 1968. 34 of 1972. 48 of 1972. 15 of 1973. 11 of 1977. 33 of 1979. Proc. No. 6/33. Short title. Interpretation. 1908 c. 67, s. 131. [cf. 1933 c, 12 s. 107(2).] Age of criminal responsibility. 1933 c. 12, s. 50. Juvenile courts. [cf. 1933 c. 12, s. 45] (Cap. 227.) Juvenile court may take advice as to method of dealing with juvenile. Assignment of certain matters to juvenile courts. [cf. 1933 c. 12, s. 46.] Procedure in juvenile courts. [cf. 1933 c. 12, ss. 47 and 49.] Miscellaneous provisions as to powers of juvenile courts. [cf. 1933 c. 12, s. 48.] (Cap. 298.) Power of other courts to remit juvenile offenders to juvenile courts. [cf. 1933 c. 12, s. 56] Bail of children and young persons arrested. 1908 c. 67, s. 94 Custody of children and young persons not released on bail after arrest. 1908 c. 67, s. 95. Separation of children and young persons in police stations, courts, etc. [cf. 1933 c. 12, s. 31.] Remand or committal to custody in a place of detention. 1908 c. 67, s. 97. (Cap. 280.) Procedure in juvenile courts. Attendance at court of parent of child or young person charged with an offence, etc. [cf. 1933 c. 12, s. 34] Power to order parent to pay fine, etc. instead of child or young person. 1908 c. 67, s. 99. (Cap. 227.) Restrictions on punishment of children and young persons. 1908 c. 67, s. 102. 1908 c. 67, s. 100. Detention in case of certain crimes committed by children or young persons. 1908 c. 67, s. 104. Provisions as to discharge of children or young persons detained in accordance with directions of the Governor. 1908 c. 67, s. 105. Detention in place of detention. Supervision order. Meaning of 'young person' in sections 14A and 14B. Methods of dealing with children or young persons charged with offences. 1908 c. 67, s. 107. (Cap. 298) (Cap. 227) (Cap. 213) (Cap. 222) (Cap. 280.) (Cap. 239.) Provision of places of detention. 1908 c. 67, s. 108. Provisions as to the custody of children and young persons in places of detention. 1908 c. 67, s. 109. Expenses of maintenance of child or young person. 1908 c. 67, s. 110. Order not to be invalidated by subsequent proof of age. 1908 c. 67, s. 123. Power to clear court whilst a child or young person is giving evidence in certain cases. 1908 c. 67, s. 114. Restriction on reports of proceedings in juvenile courts and power of other courts to prohibit certain reports. [cf. 1933 c. 12, s. 49.] [cf. 1933 c, 12, s. 39(1)] Power to make rules. Saving.

Originally 1 of 1932. (Cap. 226,1950.) 22 of 1933. 5 of 1938. 11 of 1947. 1 of 1951. 29 of 1952. 57 of 1956. 35 of 1959. 8 of 1960. 66 of 1967. 7 of 1968. 34 of 1972. 48 of 1972. 15 of 1973. 11 of 1977. 33 of 1979. Proc. No. 6/33. Short title. Interpretation. 1908 c. 67, s. 131. [cf. 1933 c, 12 s. 107(2).] Age of criminal responsibility. 1933 c. 12, s. 50. Juvenile courts. [cf. 1933 c. 12, s. 45] (Cap. 227.) Juvenile court may take advice as to method of dealing with juvenile. Assignment of certain matters to juvenile courts. [cf. 1933 c. 12, s. 46.] Procedure in juvenile courts. [cf. 1933 c. 12, ss. 47 and 49.] Miscellaneous provisions as to powers of juvenile courts. [cf. 1933 c. 12, s. 48.] (Cap. 298.) Power of other courts to remit juvenile offenders to juvenile courts. [cf. 1933 c. 12, s. 56] Bail of children and young persons arrested. 1908 c. 67, s. 94 Custody of children and young persons not released on bail after arrest. 1908 c. 67, s. 95. Separation of children and young persons in police stations, courts, etc. [cf. 1933 c. 12, s. 31.] Remand or committal to custody in a place of detention. 1908 c. 67, s. 97. (Cap. 280.) Procedure in juvenile courts. Attendance at court of parent of child or young person charged with an offence, etc. [cf. 1933 c. 12, s. 34] Power to order parent to pay fine, etc. instead of child or young person. 1908 c. 67, s. 99. (Cap. 227.) Restrictions on punishment of children and young persons. 1908 c. 67, s. 102. 1908 c. 67, s. 100. Detention in case of certain crimes committed by children or young persons. 1908 c. 67, s. 104. Provisions as to discharge of children or young persons detained in accordance with directions of the Governor. 1908 c. 67, s. 105. Detention in place of detention. Supervision order. Meaning of 'young person' in sections 14A and 14B. Methods of dealing with children or young persons charged with offences. 1908 c. 67, s. 107. (Cap. 298) (Cap. 227) (Cap. 213) (Cap. 222) (Cap. 280.) (Cap. 239.) Provision of places of detention. 1908 c. 67, s. 108. Provisions as to the custody of children and young persons in places of detention. 1908 c. 67, s. 109. Expenses of maintenance of child or young person. 1908 c. 67, s. 110. Order not to be invalidated by subsequent proof of age. 1908 c. 67, s. 123. Power to clear court whilst a child or young person is giving evidence in certain cases. 1908 c. 67, s. 114. Restriction on reports of proceedings in juvenile courts and power of other courts to prohibit certain reports. [cf. 1933 c. 12, s. 49.] [cf. 1933 c, 12, s. 39(1)] Power to make rules. Saving.

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