Hong Kong Ordinances

JUVENILE OFFENDERS ORDINANCE - SECT 15

Methods of dealing with children or young persons charged with offences

(Past version on 30/06/1997).

(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;

   (c)  by dealing with the offender under the provisions of the
        Probation of Offenders Ordinance ( Cap 298); (Replaced 8 of 1960 s. 3)

   (d)  by dealing with the offender under section 96(b) of the
        Magistrates Ordinance ( Cap 227); (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 (
        Cap 213); (Replaced 15 of 1973 s.13)

   (f)  by sending the offender to a reformatory school;

   (g)  (Repealed 13 of 1995 s. 2)

   (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)

   (l)  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 ( Cap 280) or to detention in a
        rehabilitation centre within the meaning of the
        Rehabilitation Centres Ordinance ( Cap  567); (Amended 15 of 1973 s.
        13; 11 of 2001 s. 15)

   (m)  where the offender is a male person, by dealing with him under the
        provisions of the Detention Centres Ordinance ( Cap 239) (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

   (c)  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 $5000. (Added 48 of 1972 s. 4) [cf. 1908
        c. 67 s. 107 U.K.]