Hong Kong Law Reform Commission

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THE LAW REFORM COMMISSION OF HONG KONG

REPORT ON

THE AGE OF CRIMINAL RESPONSIBILITY
IN HONG KONG

This report can be found on the Internet at:
http://www.info.gov.hk/hkreform


Mr Peter K B Sit, Senior Government Counsel, was principally responsible for the writing of this Commission report.

CONTENTS

Page

Preface

1. The criminal responsibility of children in Hong Kong

The historical development of the principle of doli incapax
The irrebuttable presumption of doli incapax
The rebuttable presumption of doli incapax
Difficulties with the current law
The history of calls for reform

2. The minimum age of criminal responsibility
in other jurisdictions

Introduction
Guidance from the United Nations
Europe
North America
Australasia
Asia
Africa
Oceania and the Pacific islands
Other overseas jurisdictions
International trends

3. The arguments for and against reform

Introduction
Arguments in favour of retaining the age of seven years as the
minimum age of criminal responsibility
Arguments in favour of raising the minimum age of criminal
responsibility from seven to a higher age
Arguments in favour of retaining the rebuttable
presumption of doli incapax

Arguments in favour of the abolition of the rebuttable
presumption of doli incapax

4. Responses to the consultation exercise

Introduction
The options for reform
Responses to the consultation paper
Responses to the public opinion survey

5. Existing provisions for dealing with unruly children

Introduction
Measures currently available for dealing with unruly
children in Hong Kong
Measures to prevent exploitation of young children by
adult criminals in Hong Kong
Measures for dealing with unruly children below the age
of criminal responsibility in England and Wales and Ireland

6. Our conclusions and recommendations

Should the existing minimum age of criminal
responsibility be raised?
What should be the new minimum age?
Should the rebuttable presumption of doli incapax
be retained between the new age of criminal
responsibility and 14?
Other recommendations for reform

Annex 1

List of those who made submissions on the Consultation Paper
on the Age of Criminal Responsibility in Hong Kong

Annex 2

The age of criminal responsibility in other jurisdictions

Annex 3

Number of children aged between 7 and 14 years
cautioned under the Police Superintendents’ Discretion Scheme
(PSDS) for specific selected offences (1993 - 1998)
Tables 3.1 – 3.6

Annex 4

Number of arrests of children aged between 7 and 14 years
for specific selected offences (1993 - 1999)
Tables 4.1 – 4.7

Annex 5

Survey of public opinion on the Age of Criminal Responsibility
in Hong Kong by the City University of Hong Kong

Annex 6

Extracts from the Crimes Ordinance (Cap. 200)

The Law Reform Commission was established by the Executive Council in January 1980 to consider such reforms of the laws of Hong Kong as may be referred to it by the Secretary for Justice or the Chief Justice.

The members of the Commission at present are:

The Hon Ms Elsie Leung Oi-Sie, JP,
Secretary for Justice (Chairman)
The Hon Mr Justice Andrew Li, Chief Justice
Mr Tony Yen, JP, Law Draftsman
Mr Payson Cha, JP
Mr Eric Cheung
Mr Victor Chu Lap-lik
Mr Alan Hoo, SC
Mr Kwong Chi Kin
Dr Lawrence Lai, JP
The Hon Mrs Sophie Leung, JP
Professor Felice Lieh Mak, JP
The Hon Mr Justice Henry Litton,
Permanent Judge of the Court of
Final Appeal
Mr David Smith
Professor Raymond Wacks
Mr Roderick B Woo, JP

The Secretary of the Commission is Mr Stuart M I Stoker and its offices are at:

20/F Harcourt House
39 Gloucester Road
Wanchai
Hong Kong

Telephone: 2528 0472
Fax: 2865 2902
E-mail: hklrc@hkreform.gcn.gov.hk
Website: http://www.info.gov.hk/hkreform