REFORMATORY SCHOOLS ORDINANCE, 1886

REFORMATORY SCHOOLS ORDINANCE, 1886

No. 19 of 1886.

An Ordinance entitled The Reformatory Schools Ordinance, 1886.

[21st May, 1886.]

BE it enacted by the Governor of HoDgkong, with the advice of the
Legislative Council thereof, as follows

1. This Ordinance may be cited as The Reformatory Schools Ordinance, 1886.
,OfvDI~r'A1Cr No. Mor 18.86.

Reformatory Schools.

2. In this Ordinance the word Manager shall include any person or;
persons lr,avina the mana~emerit or control of any school to which this
Ordinance applies..

Certiflecl Refomnatory Schools.
Mode °f , 3. 'fhc ~aoVer'llor rTiay, upon the application- of the
manti~ers of any
certifying,
reformatory school for the better training

E29 ~ ;30 VOf youthful offenders, direct the Superin-

Fc>z°°rs- tendent of Victoria Gaol to examine into the condition and
re°-ulations of-
4.] c.

117' ~. 4'] the school, and to report to him thereon ; and if satisfied
with such re-

fice Govern-

port, the Governor may, by writing under his hand, certify that such

nto~tiano , school is fitted for the reception of such youthful offenders
as may be sent
Gazette trtn
October there in pursuance of this Ordinance and the same shall be deemed
a -
certified 'Reformatory School.
'Inspection, of 4. .livery certified reformatory school shall from time to
time, and
schools.
Certificates at least once in every year, be visited by the said
Superintendent or by
may be wiGh-
,irIMVn. filly two Justices of the Peace appointed for that purpose by the
Governor
C23 3i )p V. c. .,-
a 17, ~, p,] arid the Governor if dissatisfied with the condition of such
school as re-
ported to him, rhaiy withdrav the certificate, and may, by notice under
his hand addressed and sent to the ruanaoers of such school, declare that
. the certificate is withdrawn as from a time specified in the notice,
being
pot less than six r.nont4s after the dace of the notice. .
z~OJ~na1;°n 6,. The managers of any certified reformatory school may upon
~f certificate
bymanagexs. giving site months' and the executors or administrators of a
deceased
FP9 k80 IV. 0. 0
~xnanager (if only one) of any certified reformatory school may, upon
giving one.monti>;'s previous notice in writing of their intention so to
do,
resign the certificate liven to such school ; and accordingly at the expi-
ration of six months or one month (as the case may be) from the date of,
the, notice (unless before that time the notice is withdrawn), the
certificate
shall be deemed to be resi ned. -
Liabilities of 6, The managers of any certified reformatory school may
decline
managers as
to youthfur to receive any youthful offender proposed to be sent to tLlem
under this.
offenclexs
Teoexyed in Ordinance; but when they have once received him they shall be
deerxred
xe£ormatoi9
schools., to haire undertaken to educate, clothe; lodge, and. feed him
during the

~i7; ~.~s ~ ''~' whole period for which he is liable to be detained in the
school, or' until
the withdrawal or resignation of the certificate takes effect, or until
the
contribution oat of money provided by the. Colony towards the custody
and maintenance of the offenders detained in the school is discontinued,,

whichever. shall first happen..
ORDINANCE NO. 19 OF MSG.

R~formatwy Schools.

Nothing in this Ordinance shall be deemed to limit, or interfere

with the right of any luanaber of a certified reformatory school to
receive
into such school other inmates than those sentenced under this Oi°diliance
to be detained therein.

7. Whenever the certificate is withdrawn from or resigned by the i,:ffeGt
of
withdrawal
rr;una~ers of a reformatory school, no youthful offender shell be
received of certificate.

[29& 30V.c
117, s. 9. ]

into such school after the date of the receipt by the managers of the
'School o f the notice of withdraw-al, or after the date of the notice of
re-
signation (as the case may be); but the obligation of the managers to
educate, clothe, lod,(Ye and feed any youthful offenders in the school at
the
respective dates aforesaid shall, excepting so far as the Governor may
otherwise direct, be deemed to continue until the withdrawal or* resigna-
tion. of the certificate tapes effect, or until the contribution out of
money
provided by the Colony to«rards the custody and maintenance of the
offenders detained in the school is discontinued, whichever shall first
happen.

t

$, When the withdrawal or resignation of the certificate of a
reform- Disposal of
atory school takes effect, the youthful offenders detained therein
shall '~;.~liaas°a`1
be b the order of the Governor either discharged or transferred to some °r
xe~ig~ti°°
y b , Of certificate,

[29 & 30 v. e.
117, s. 10.E

other certified reformatory school.

9. A notice of the grant of any certificate to a reformatory school,
or of the NN, ithdrawal or resibnation of such a certificate, shall
within one
month be advertised by order of the Governor in the Hongkong Govern-
1Ylellt Gazette.

a. 10. The managers of any certified reformatory school may from

time .to time make necessary rules for the management and discipline of
the school under their charge; but such rules shall not be contrary to
the provisions of this Ordinance, and shall not be enforced until they
have been submitted to and approved in writing by the Governor; and
llo alteration, shall be made without the approval in ~vritin(, of the
governor in any rules so approved.

11. Every officer of a certified refornator5= school authorized by
the managers of the school, in writing, to take charge of any youthful
offender sentenced to detention under this Ordinance for the purpose of
conveying hire to or from the school, or of brinaing him back to the
school in case of his escape or refusal to return, shall, for such
'purpose
and while engaged in such duty' have all such -powers, authorities, pro-

Publication
of grant, with-
drawal or
resignation of
certificate.
29 & 30 V. c.
((117,s:11.]

Power to
make rules,
&e.
[29 & 30 Y. c.
117, s. 7.2.]

Officers
authorized to
convey or
bring back
offenders to
school to have
privileges, &c.
of constables.
[29 and 30 V,
c. 117, s. 13.E
Offenders
under 16 years
nf age convict-
ed and senten-
ced to impri-
;

711 sonment way

be sentenced
to be sent
rither at r,inie
of sentence tin
expira,tiort of
period of irn-
prisonment t<~
certified re-
f,jrmatory
schools.
[29 anti 30 V.
c. T.17, r,, ) 4.]

ORDINANCE NO.19 OF 1886.

Reformatory Schools.

tection and privileges, for the purpose of the execution of his duty as a
reformatory officer, as any constable duly appointed has within this
Colony, by common law, ordinance, or custom.

Commitment of ofencZers to and their status at a eez'Jzfecl
re; fog°motouy school.

12. Whenever any offender Niho, in the ,judbment of the Court, or
Maaistrate before whom he is charged, is under the ale of sixteen years,
is convicted on criminal information or in a summary manner, of an
offence punishable with ,penal servitude or imprisonment, and is sentenced
to be imprisoned for the term of ten days or a longer term, the Court, or
Magistrate may in addition to his sentence or in lieu thereof, either at
once or at the.eypiration of his period of imprisonment sentence him to
he sent to a certified reformatory schoo'., and to be there detained for a
period of not less than two years and not more than five years. .

( I . ) Should there be at the tune of sentence more than one
certified reftirmatory, school, the particular school to
which the offender is to be sent shall be named at the
time of sentence or within seven. days therefrom.

In choosin; a certified reformatory school the Court or
Magistrate shall endeavour to ascertain the previous
education, position ill life and training of the offender,
and so far as is possible the selection shall be made of a
school most in conformity with such circumstances.

Should there be only one certified reformatory school, it
shall 1)e lawful for the Court or Magistrate , to order that
the said youthful offe,pder be therein detained. If any
objection be made thereto, by or on behalf of any parent,
or guardian, or near relative, or any person or body of
persons on ,the ground of the particular religious train-
ivy which may be expected in such reformatory schobl,
the Court or Magistrate shall report the matter to the
Governor.

(4. ) If upon such report being forwarded or on any application.
being made to the Coverrnor at any time, on behalf of
any youthful offender sentenced to be detained in a cer-
tified reformatory school, any objection is made to the
ORDINANCE No. 19 of 1886.

Reformatory Schools.

particular religious influence likely to be used in.such
reformatory school, and the party making such applica-
tion is willing to make suitable provision for the care,
maintenance and education of such youthful offender
under proper security, it shall be lawful far the Governor
in Council upon such terms as to him may seem advisable
to set 'aside the sentence of the said Court or Magistrate
and to direct that the custody of the said. youthful
offender be given to such .person as he shall appoint, and
tiny person taking such youthful offender from such cus-
tody; or knowingly assisting directly or indirectly such'
offender to escape from such custody, or knowingly
harbo;zring or concealing or preventing from returning
to- such custody any youthful offender who has escaped
therefrom, shall be liable to the penalties incurred under
this Ordinance for the offences aforesaid.

13. The Governor may at any time order any offender' to be dis-
charged from a certified reformatory school, or to be removed from one
certified reformatory. school to another, but so that the whole period of
detention of the offender in a reformatory school shall not be increased
by

such removal. - T

Discliarge or
removal by
order of -the
Governor,
[29 and 30 v;

14. The manaaens of a certified reforrzlatciry school may, at any time
gl~,~;~

offenders out
after the expiration of eighteen months of the period of detentiori
allotted on licence.
to a youthful offender, by licence under their hands, permit him to live
[2zi7, ~ 3 s,j-`

with any trustworthy and respectable person named ,in the licence willing
to receive and take charge of him.

any licence so granted shall' not be in force for more than three
Duration of
months, but may at any time before the expiration of such three months
licence.
be renewed for a, further period not exceeding three Months, to commence
froze the expiration of the previous period of three months and so from
time to time until the youthful offender's period of detention is expired.

Any such licence may also be revolved by the managers of the school,
by writing under their hands, at. any time before the expiration of such
period of three months, and thereupon the youthful offender to whom the
licence related may be required by- the managers, by writing under their
hands, to return to the school.

Revocation of

licence..
Power to
apprentice
offenders.
X29 & 30 V.

'Refusal to
conform to
vfires,r
[2s & 30 v.

1117, s. 20. ]

Escaping
from school.

c.

129& 30 V.

117, s. 21.]

ORDINANCE No. 19 of 1886.

Reformatory Schools.

The time during which a y outhful offender is absent from a certified
reformatory school in pursuance of a licence under this section shall;
except where such licence has been forfeited by his misconduct, be deemed
to be part of the time of loin detention ill the school, and at the
expiration
of the time fixed by his licence he shall be taken bash to school.

Any youthful offender- escaping from from'tbe person with whom be is
hhlced in pursuance of this section, or refusinb to return to the school
at the expiration of the time fixed by his licence, or any renewal
thereof,
or when required to do so on the revocation of his licence, shall be
liable
to the sane penalty as if he had escaped from the school itself.

15. The managers of a certified reformatory school may, at any
tine after an offender has been placed out on licence as aforesaid, if lie
conducted himself well durin; his absence from the school, hind luim,
with his own consent, apprentice to any trade, calling, or service, not-
withstanding ,that his period of detention has not expired ; and every
such biuclinM o- shall be valid and effectual to all in tents.

0ffences in relation, to reformatory seltools.

16. If any offender detained in a certified reformatory school
wilfully neglects or wilfully refuses to conform to the rules thereof, he
shall, upon summary conviction before a iflabistrate having jurisdiction
in the place or district where the school is situate, he imprisoned, with
or without hard labour, for any torn not exceeding three months ; and
at the expiration of the term of his iioprisonnzent he shall, by and at
the
expense of the managers of the school, be brought back to the school
from which he teas taken, there to be detained during a period equal to
so much of his period of detention as remained unexpired at the time
of his being sent to prison.

17. If any offender sentenced to be detained in a certified reform-
atory school escapes therefrom, he may at any time before the expiration
of his period of detention, be apprehended without warrant, and, if the
lzlanagers of the school think fit, but not otherwise, may (any other
Ordinance to the contrary notwithstanding) be then brought before a
Magistrate having jurisdiction in the place or district where he is found,
or in the place or district cohere the school from which he escaped is
situate; and lie shall thereupon be liaale,~ on slirnn nary conviction
before
such Magistrate, to be imprisoned, with or without hard labour, for any
ORDINANCE No. 3 9 of 1386.

Reformatory Schools.

term not exceeding three months; and.at the expiration of such term he
s'hall, by and at the expense of the in.,ina7ers of the school, be brought
back to the school from which lie escaped, there to be detained durinn
a period equal to so niucli of has period of detention as remained
unexpired at the time of his escaping.

18. Every person who commits any of the following off'2nces, that

is to say

(l.) Knowingly assists directly or indirectly an offender detain-
ed in a certified reformatory school to escape from the
school ;

(2.) Directly or indirectly induces such an offender to escape
from the school ;
Knowingly harbours, conceals or prevents from retorning
to the school, or assists in harbourin(r, concealing, or
preventing front returning to the school, any offender
who has escaped from a certified reformatory school,

shall, on summary conviction before a Magistrate, be liable to a, penalty
not ezceedina one hundred dollars, or at the discretion 'of the Magistrate
to be imprisoned for any term not exceeding two months, with or Acithout
hard labour.

Conditional pardons.

19. Where before or after the passing of t.bis Ordinance a youthful
offender has been sentenced to penal servitude, or irnp4sonment, and
has been pardoned by the Governor on condition of his placing himself
tinder the care of some charitable institution for the reception and
reform-
ation of youthful offenders, the Governor nay direct hint; if tinder the
age
of sixteen years, to be sent to a certified reformatory school, the
managers
,of which consent to receive him for a period of not less than two years
and not more than five gars ; and thereupon such offender shall be
deemed to be subject to all the provisions of this Ordinance, as if he had
been originally sentenced to detention in a certified reformatory school.

.Evidence.

20. The following rules shall be enacted with rest:>ect to evidence
-tinder ,this Ordinance:-

,
(1.) The production of tae IJon. kong Government Gazette
containing a notice of the grant or withdrawal of a

1'e11:11tv oil
pes;son'Isist-
ing or indu-
cira,
oifendexs
to escape
from certified
reformatory
schools. Or
l1 arboL1ring
offenders who
leave escaped.
29 &. 30 v.
e.117, . _>'. i

Power t<>
G overnor
to send
offenders to
reformatory
schools on
conditional
paxdon.
[z;l & 30 v.
e.117, g. 32.l

Pules respect-
ing evidence
under this
Ordinance.
L2s & 30 v.
c. 117, s.:33.]
ORDINANCE No..19 OF 1,986.

Reformatory S'elaools:

certificate by the Governor to or from a reformatory
school or of the resignation of any such certificate, shall
lie sufficient evidence of the fact of the publication of
such notice, and also of the fact of a certificate haV111(r
been duly granted to or withdrawn from the school named
in the notice, or resigned by the managers thereof.
'.f he grant of a certificate to a certified school may also
be proved by the production of the certificate itself, of
of a copy of the same, purporting to be signed by the
,Colonial Secretary:
'fhe production of the warrant or other document in
pursuance of which a youthful offender is directed to
be sent to a certified reformatory school, witty a state-
ment endorsed thereon or annexed thereto, purporting
to be signed. by the maoa ;er or other person in charge
of the school, to the effect that the offender therein
named (vas duly received into and is'at the date of the
. S1gC11ng thereof detained in the school., or has been
otherwise dealt with according to law, shall in all pro-
ceedins reaatina to such offender be ~ evidence of -the
identity, of and of the due conviction and detention and
imprisonment of 'the offender named in the warrant or

other document.

( 4. ) A copy of the rules of a certified reformatory school,
purporting to be signed by the Superintendent of the
Victoria Gaol, shall be evidence of such rules in all
,legal proceedings whatever.
(,5.) A school to which any youthful offender is directed to be~
sent in pursuance of this Ordinance shall,, until the:
- contrary is proved, be deemed to be a. certified reformmto,ry
school ,within the meaning of this Ordinance.

.Legal proceedings.

21: Any notice may be served on the managers of a certified
ilotice..Ah
x

reformatory school by delivering the same personally to any one of them,

of sch6oi.

l29 & so v C:' ~r by s~nding it by post or otherwise in a letter addressed
to them or
1'T' c35'] ay- of them at the school, or at the usual or last' known place
of abode
of any manager, or of their secretary.
ORDINANCE No. 19 or 1886.

Reformatory Schools.

.honrrzs.

22. No summons, notice, or order grade for talc purpose of carrying
into effect the provisions Of tllas Ordinance shall be invalidated for
~cvant
.of form only; and the forms in the schedule to this Ordinance annexed,
or forms to the like effect, may be used in the cases to which they refer,
~cwith such variations as circumstances require and « hen used shall be
deemed sufficient.

SC IiEDULE DF FORMS.

Conviction.

HONGKONG Be it remembered that on the day o£ 18 , A.13., of

TO WIT.

under the ago of sixteen, to wit, of the age of

is convicted before me C,D.,-----~--, for the said Coloiw of Hongkong,
for float (here
:storey ofence),
hl pursuance of the Reformatory Schools Ordinance, 7836, T have sentenced
the
said A.B. to be sent fortliwith to the reformatory school at -
the manager whereof is willing to receive hire, and to be there

detained for the period of

commencing on end from

Given under my hand and seal the day, month avd year first above written.

CB.)

Order of detention.

HONGKONG To A.B,, constable of Police, and to the manager of the
reformatory
TO WIT. 1 SGbOoI at

Whereas A.B.., late of under the age of sixteen years, to wit, of
the age of years, -was this day. July convicted before the undersigned,
for'
:that (stating the ofence as in the conviction), and it was thereby'
adjudged that the said
A.B., for his.said-ofFence, should, in pursuance of theReforniatory
Schools Ordinance,

7886, be _sent .forthvcith to the

reformatory school at

(the manager s whereof are willing to ~ receive. him therein), arid to be
there

comrnencing frofn and after the

-detained for the period of

-day of 18

Use of forms
in schedule.

llr, s. 36.E
Ordinance No. 19 of 1886.

Reformatory Schools.

These are therefore to command you, the said constable o£ to take
the said A.B. and him safely convey to the manager of the said
reformatory school,
and there to deliver hint to the manager thereof, together with this
precept. And
I do hereby command you the said manager of the said _ , to receive
the said A.B. into your custody in the said school, there to detain him
for the space
of , in the manner directed by the Reformatory Schools Ordinance,
1886, gild for so doing `this shall be your sufficient warrant.

Given under irzy hand and seal this day of

ytar of our Ford at Hon;konb, aforesaid. -

[L.s.] . J. S.

GOVERNMENT NOTIFICATION.-No. 404.

Notice ces to the .RefQrmutory Schools Ordinance, 1886, of the 13th
October°, gcczetted 16th October, 1886.

18 , in the

In pursuance of section 9 of the said Ordinance, notice is hereby given
that His
°Escellency tho Officer Administering the Government, acting under the
authority
conferred upon.hiin by section 3 of that Ordinance, has this day granted
to the West
-Point Reforn nrtarv=School a certificate that it is fitted far the
reception of such youthful
oFfe,°nders as may be sent there under the said Ordinance.
2009

[See Amendment Ordinance No. 10 of 1889.]
Title.
2010
Mode of certifying reformatory schools.
[29 & 30 V. c. 117, s, 4.]
[See Government Notification N. 404, Gazette 16th October 1886.]
Inspection of schools.
Certificates may be withdrawn.
[29 & 30 V. c. 117, s. 5.]
Resignation of certificate by managers.
[29 & 30 V. c. 117, s. 7.]
Liabilities of managers as to youthful offenders received in reformatory schools.
[29 & 30 V. c. 117, s. 8.]
2011
Effect of withdrawal of certificate.
[29 & 30 V. c. 117, s. 9.]
Disposal of inmates on withdrawal or resignation of certificate.
[29 & 30 V. c. 117, s. 10.]
Publication of grant, withdrawal or resignation of certificate.
[29 & 30 V. c. 117, s. 11.]
Power to make rules, &c.
[29 & 30 V. c. 117, s. 12.]
Officers authorized to convey or bring back offenders to school to have privileges, &c. of constables.
[29 & 30 V. c. 117, s. 13.]
2012
Offenders under 16 years of age convicted and sentenced to imprisonment may be sentenced to be sent either at time of sentence on expiration of period of imprisonment to certified reformatory schools.
[29 and 30 V. c. 117, s. 14.]
2013
Discharge or removal by order of the Governor.
[29 & 30 V. c. 117, s. 17.]
Placing offenders out on licence.
[29 & 30 V. c. 117, s. 18.]
Duration of licence.
Revocation of licence.
2014
Power to apprentice offenders.
[29 & 30 V. c. 117, s. 19.]
Refusal to conform to rules.
[29 & 30 V. c. 117, s. 20.]
Escaping from school.
[29 & 30 V. c. 117, s. 21.]
2015
Penalty on persons assisting or inducing offenders to escape from certified reformatory schools.
Or harbouring offenders who have escaped.
[29 & 30 V. c. 117, s. 22.]
Power to Governor to send offenders to reformatory schools on conditional pardon.
[29 & 30 V. c. 117, s. 32.]
Rules respecting evidence under this Ordinance.
[29 & 30 V. c. 117, s. 33.]
2016
Service of notice on managers of school.
[29 & 30 V. c. 117, s. 35.]
2017
Use of forms in schedule.
[29 & 30 V. c. 117, s. 36.] 2018

2009

[See Amendment Ordinance No. 10 of 1889.]
Title.
2010
Mode of certifying reformatory schools.
[29 & 30 V. c. 117, s, 4.]
[See Government Notification N. 404, Gazette 16th October 1886.]
Inspection of schools.
Certificates may be withdrawn.
[29 & 30 V. c. 117, s. 5.]
Resignation of certificate by managers.
[29 & 30 V. c. 117, s. 7.]
Liabilities of managers as to youthful offenders received in reformatory schools.
[29 & 30 V. c. 117, s. 8.]
2011
Effect of withdrawal of certificate.
[29 & 30 V. c. 117, s. 9.]
Disposal of inmates on withdrawal or resignation of certificate.
[29 & 30 V. c. 117, s. 10.]
Publication of grant, withdrawal or resignation of certificate.
[29 & 30 V. c. 117, s. 11.]
Power to make rules, &c.
[29 & 30 V. c. 117, s. 12.]
Officers authorized to convey or bring back offenders to school to have privileges, &c. of constables.
[29 & 30 V. c. 117, s. 13.]
2012
Offenders under 16 years of age convicted and sentenced to imprisonment may be sentenced to be sent either at time of sentence on expiration of period of imprisonment to certified reformatory schools.
[29 and 30 V. c. 117, s. 14.]
2013
Discharge or removal by order of the Governor.
[29 & 30 V. c. 117, s. 17.]
Placing offenders out on licence.
[29 & 30 V. c. 117, s. 18.]
Duration of licence.
Revocation of licence.
2014
Power to apprentice offenders.
[29 & 30 V. c. 117, s. 19.]
Refusal to conform to rules.
[29 & 30 V. c. 117, s. 20.]
Escaping from school.
[29 & 30 V. c. 117, s. 21.]
2015
Penalty on persons assisting or inducing offenders to escape from certified reformatory schools.
Or harbouring offenders who have escaped.
[29 & 30 V. c. 117, s. 22.]
Power to Governor to send offenders to reformatory schools on conditional pardon.
[29 & 30 V. c. 117, s. 32.]
Rules respecting evidence under this Ordinance.
[29 & 30 V. c. 117, s. 33.]
2016
Service of notice on managers of school.
[29 & 30 V. c. 117, s. 35.]
2017
Use of forms in schedule.
[29 & 30 V. c. 117, s. 36.] 2018

https://oelawhk.lib.hku.hk/items/show/506

1890

v4

No. 19 of 1886

10