2
How-
which a prison sentence might be unreasonably oppressive.
ever, if these sections were used frequently, it would destroy
the main deterrent effect of section 33, which is that severe
punishment is certain if an offence under it is proved.
Section 11(2) of the Juvenile Offenders Ordinance
provides that no young person (that is to say, a person over 13
and under 16), shall be sentenced to imprisonment if he can be
suitably dealt with in any other way. It is proposed in this
Bill to make it clear that this section has no application to
a person convicted of an offence under section 33.
The tightening up of this section, to ensure that a
mandatory sentence is imposed on anyone convicted of an offence
under it, makes it important that there should be a clear and
consistent policy in deciding which persons are to be charged
under it. It is felt that this can best be achieved by including
a requirement that the consent of the Attorney General shall be
necessary before a prosecution under this section may be insti-
tuted. This provision is contained in the new section 33(5).
There has been some criticism of the fact that a
detention centre has not been made available for persons over
17 and under 21. However, as announced by the Colonial Secretary
earlier in the year, a wing at Ma Mo Ping Addiction Treatment
Centre is being converted for this purpose and it is expected
that it will be able to take its first inmates, who will be
offenders over 17 and under 21, within the next few weeks.
The Chief Justice has suggested that the powers of
punishment which are open to the courts in dealing with those
convicted under section 33 should be widened. Consequently,
it is proposed in the Bill that a person who is over 13 and
under 17 may be sentenced to detention in a training centre,
if the Commissioner of Prisons has informed the court that the