Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 109A

Restriction on imprisonment of persons between 16 and 21 years of age

Imprisonment of young offenders

(1) No court shall sentence a person of or over 16 and under 21 years of age
to imprisonment unless the court is of opinion that no other method of dealing
with such person is appropriate; and for the purpose of determining whether
any other method of dealing with any such person is appropriate the court
shall obtain and consider information about the circumstances, and shall take
into account any information before the  court which is relevant to the
character of such person and his physical and mental condition.

(1A) This section shall not apply to a person who has been convicted of any
offence which is declared to be an excepted offence by Schedule 3. (Added 5 of
1971 s. 10A. Amended 58 of 1994 s. 4)

(2) In this section "court" (法庭) includes the District Court and a
magistrate. (Amended 35 of 1976 s. 11) (Added 66 of 1967 Schedule) [cf. 1948
c. 58 s . 17 (2) U.K.]

"court" (法庭)