1987 Ed.]
Public Order
[CAP. 245
23
(2) A person convicted of an offence under subsection (1) shall-
(a) if under the age of 14 years, be dealt with in accordance
with the provisions of the Juvenile Offenders Ordinance;
(b) if he is not less than 14 years of age and has not attained 17
years of age, be sentenced-
(i) to imprisonment for not less than 6 months nor
more than 3 years;
(ii) to a detention order under the provisions of the Detention Centres Ordinance; but subject to the provisions of that Ordinance;
(iii) to be caned, in accordance with the provisions of the Corporal Punishment Ordinance; or
(iv) subject to the provisions of the Training Centres Ordinance, to detention in a training centre under that Ordinance; (Replaced, 27 of 1978, s. 2)
(c) if he is not less than 17 years of age and has not attained
25
years of age, be sentenced-
(i) to imprisonment for not less than 6 months nor more than 3 years;
(ii) to a detention order under the provisions of the Detention Centres Ordinance, but subject to the provisions of that Ordinance;
(iii) to be caned, in accordance with the provisions of the Corporal Punishment Ordinance;
(d) if of the age of 25 years or more, be sentenced-
(i) to imprisonment for not less than 6 months nor more than 3 years; or
(ii) to be caned, in accordance with the provisions of the Corporal Punishment Ordinance. (Amended, 67 of 1980, s. 6)
(2A) Notwithstanding subsection (2), the court may, in relation to a person convicted of an offence under this section, exercise the powers conferred by section 45 of the Mental Health Ordinance and for the purposes of that section an offence under this section is for the avoidance of doubt declared not to be an offence for which the sentence is fixed by law. (Added, 27 of 1978, s. 2)
(3) Where any person, other than a person under the age of 14 years, is charged with an offence under this section, it shall not be open to the court to exercise either the powers conferred by section 36 of the Magistrates Ordinance or the powers conferred by section 3 of the Probation of Offenders Ordinance.
(4) Where a person who is not less than 14 years of age and under 16 years of age is convicted of an offence under this section, section 11(2) of the Juvenile Offenders Ordinance shall not apply in relation to such person.
(Cap. 226.)
(Cap. 239.)
93/9052
(Cap. 222.)
(Cap. 280.)
73/9052
73/9052
(Cap. 136.)
(Cap. 227.)
(Cap. 298.)
(Cap. 226.)