Treatment Of Juvenile
Offenders.
CHILDREN'S
DRAFT BILL FOR STARTING
COURTS: PROBATION OFFICERS, ETC.
เ
A WISE AND HUMANE MEASURE.
The Hong Kong Government Greette of December 24 con- tains a drait bill which, if passed, will be of far-ecaching, import ance to the systems of Criminal jurisdiction and administration in the Colony-
Under its provisions special Juvenile Courts are to be set up for dealing with children, ... persons under 14 years of age mod' young persons, ie, persona, between 14 and 13 years of age. Probation Offers are to be appointed and also special places of detention hoth. far young persons under remand and those who have been convicted,
A number of regulations have also, been drawn up to ensure that no young person in the hands of the police shall in future- come in contact with an adult prisoner..
Under this measure a start is made in bringing Hong Kong into line with the modern British method of dealing with young offenders in a careful and systematic method that gives the defin quent every opportunity of becoming a good citizen, while the more obstinate cases eo, he treated more on the lines of patients than criminals,
NO UNOFFICIAL J.PAS.
The Attorney tieneral (Mr. U. Q. Alabaster, KC) in t ing the Objects and Rensons" writes:
This Ordinance represents generally the Bill drafted by the Conurittae appointed to report on measures required for the in- stitution of Juvenile Courts in Hong Kong. The provisions recom mended by the Committee, in the matter of associating Justices of the Pence with the Magistrates for the trial of juvenile offenders have been omitted, as it was folt by the Government that the time. i no ripe for prescribing such association and in particular that the Colony is not yet ready for the appointment of women Justices of the Pence.
The Ordinance is based partly on the relevant provisions of the Probation of Offenders Act, 1607, the Children Act, 1908, the Juvenile Courts (Metropolis) Aet. 1990, and the Criminal Justice Act. 1994, and partly on a model Bill which has been recommended by unitar Committee in Eagland."
تھوڑ
THE PROPOSALS OUTLINED.
The following portions of the Bill are general interest:-
1hix Ordinance
DW248
person whe is, in the ision of the cours, under the age
uf fourteen years.
"
HONG KONG DAILY PRESS, MONDAY, DECEMBER 28, 1931.
£r!$4 ¢12
time during such period, not exceed ing throu"years, ny may be specifind in the "order.
Such recognizance shall contain condition that the affeurier be
GOVERNMENT HOUSE.
under the supervision of the Froba LAST WEEK'S ACTIVITIES tiou Officer during the periód speed- Red
A recognizance under this section may contain conditions prohibiting. the child or young persotr
from napointing with thieves or other undesirable persons, or from fre quenting undesirable places and generally for securing that the child or young person should lead an honest and woll conducted life.
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SUNDAY, DECEMBER 20.
His Excellency The Governor and Lady Pool attended, the Christmas.
foeting at Kwanti Race Course
Mr and Mrs Roo arrived a Government House.
"
MONDAY, DECEMBER 21ST:-
His Excellency the Governor pre- sided at the meeting of the Univer
Duties of Probation Officers, - It shall be the duty of a probas tion offer, subject to the direc;aity Court. tions of the court.
(a) To visit or receive reporta from the person, under super- vision at such reasonable in tervals as may be specified in the probation order, or, sub- jess thereto, as the probation offer may think At;
to see that he observes the conditions of his recognize
ance;
(x) to report to the court as to
his behaviour:
His Excellency the Governor and Lady Poal accompanied by Miss S. Walter, Miss I. Walter, and Capt. Caltman, A.D.C." were entertained by the Hon. Bir Shou-son and Lady Chow at a performance at the King's Theatre.
TUESDAY, DECEMBER 2ND :---
His Excellency the Governor pre- sided at the annual general meet-
WEDNESDAY, DECENDER 23RD-
Mr and Mrs. Rog loft Govern” ment House
(d) to advise, assist, and being of the Boy Scouts Association.
friend him, and, when neces- sary, to endeavour to find him anitable employment. The court may, upon
the p- plication of the probation officer, and after notice to the offender, vary the conditions of the recognizfarty held as the Headquartary of the H.K.V.D.C., and distributed the prizes.
(LUCE.
Parents and Guardians. When a child or young person is charged before any court with any offence for which a fine, dam- ages or costs may be imposed, the court may order.. that the fine, damages, or costs awarded he paid by the parent or guardian, of the child or young person unless the court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglect ing to exercise due care of the child or young person.
Where a child or young person is charged with any offence, the court may order his parent guardian to give security for his good behaviour.
J
.or
Avoiding the Prisca Sentence. No child shall be sentanced to imprisonment or committed to pri- fine, damages, or costs. Hon in default of payment of a
Where a person apparently under The age of sixteen years having been ChildAngrebguded is not as released, totenced to imprisonment if he can No young person shall be sex- office in char be detained in be suitably dealt with in my other station chats him to be detained in way whether by probation, fine, a place of detention unless he can Young person" means a person unless the officer certifies it is im
be brought before a juvenile court Corporal punishment committal t
a place of detention, reformatory who is, in the opinion of the court, practicable to do so. fourteen years of age or upwards
or industrial school, or otherwise. and under the age of sixteen years.
It shall be the duty of the In-prisonment shall not be allowed to A young person sentenced to im- spector-General of Police' to make assquiate with adult prisoners. Probation Officer" means a per-arrangements for preventing, so far son appointed under this Ordinance as practicable, a child or by the Governor or by the court to person while being detained, from young be a probation officer.
Ascinting with an adult, other than a relative, charged with an offence.
remanding ог
Juvenile Courts.
A court, other than the Supreme Court aeting in the exercise of A court
real OK
young persons
גזנן
No Death Sentence. Senience of death shall not be pronounced or recorded against a child or young person, but in lieu thereof the court shall sentence the child or young person to be detained during His Majesty's
its criminal jurisdiction, when committing for trial a child or hearing charges against child- | young person "who is not released pleasure.
on bail, shall, instend of commit. shall;
Where young person is convict- miless the child or young perting him to prison, commit him toed on indictment of an attempt to SE is charged jointly with any custody in a place of detention murder, or of manslaughter, or of other person not being a child or provided under this Ordinance wounding with intent to do griev young person, sit either in a diffar.vided that he is not of so un-ous bodily harm, the court many ent building or room from that inruly a character that he cannot be which the ordinary sittings of the safely a committed. court are hold, or on different days
or at different times from those at which the ordinary, sittings are held, and a court so sitting is in this Oydiannee referred to juvenile court.
Procedure.
Where a child or young person
sentenes the offender to be detaine for such poriod as may be specified in the sentence. A person in desen. tion pursuant to the directions-of the Governor under the last two of this Ordi-
is brought before a juvenile coart foregoing sections
[]
Lady Prel attended the childrens.
TCKDAY, DECEMBER 24TH :- Mr. G. H. Patty arrived at
ernment House.
LOCAL WEDDINGS.
UNION OF PORTUGUESE
COUPLE.
St. Margaret's Church, Huppy: Valley, was the scene of the marri 4go on Saturday of Miss Amalia. Amanda Brandne, daughter of the late Mr. J. T. Brandao and Mrs. Otilia Brandao Pena, of 17, Afonso de Albuqurque, Macao, and Mr. Carles Vincento Marques, son of the late Mr. A. C. Marques and Mrs. Maria Marques Campbell, of 200 Wanchai Road. The Rov, Fa- thor Page cfficiated.
Given away by her step-father, Mr. Josa da Pena, the bride wore a dress of white georgette; trimmed with lace, and carried a bouquet of white roses.
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The bridesmaids, Miss Julia Mur ques (bridegroom's sister) and Miss Isilda Rosario (bride's cousin) wore champagne-coloured crepe-d--| Chine dressca and carried bouquets of pink roses, The bride's mother, attended in black georgette: The bridegroom's mother wore & dress of crepe-de-Chine trimmed with Ince..
Mr. A. C. Campbell (the bride- groom's step-father) discharged the duties of best man.
Gov-tion, held at 200, Wanchal Rond, After a largely attended recep
His Excellency the Governor and Lady Peel gave a dance at Govern- ment House,
FRIDAY, DECEMBER 95TH-
Mr. H. Fotts left Government House..
His Excellency the Governor and Lady Poel attended by his person- al staff attended divine service at St. Johns Cathedral.
General T. Matsui and Vice- Admiral Osumi, Nagano. (Delegates. for Japan to the disarmament con- ference at Goneva), H.E. Major. General Sandilands, Mr. and Mrs. Yoshida, and Capt. Cameron lunch- ed at Government House.
61
The following were the guests at dinner-H.H. Sir Joseph Kemp, Hon. Mr. Alabaster, H.H. Mix and
Mrs. Justice Lindsell. Capt. Bur- it, Mrs. Carpenter, Mr. and Mrs.
Hamilton, Lt. Col. and Mrs. Dune-
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McKerron, Capt Baldwin, Lt.
for any offence it shall be the dutynance may, at any time, be disterville, Mr. and Mrs. Forrest, Mr. As of the court as soon as possible to charged by the Governor
explain to him in simple language licence. the substance of the alleged offence and the child or young person whether he admits the offenes.
Provision shall be made for pre- venting persons apparently under the age of sixteen years from a380- cinting with adults charged with or convicted of any offence other than anutience with which the person apparently under the age of sixteen year is jointly charged or con- victed.
In a juvenile court uo person other than the members and officers of the court and the parties to the
child or young person shall have The "parent or guardian of the the power to put questions to the witnesses.
The court may, for the purpose of assisting the child or young por- on in his defence or for the pur- use of explaining" anything in the caso, except by leave of the court,sor but not otherwise, put to such statement of the child or young per- be allowed to attend
The bona fide representatives of a nowspaper or news agoney shall not! be excluded, except by special order of the court..
The Governor in Council may, by order to be published in the Gazette, provide for the establishment of such juvenile courts as may appear to him to be,, necessary.
tions ay it may think necessary. child or young person such qaos-
to put to the witnesses auch ques
It shall be the duty of the court
the interests of the child or young tions na appear to be necessary in person.
Before deciding how to deal with the child or young person the court shall obtain such information as, An order made by the Governor may be rendily available as to his in Council under the foregoing sub-general conduct, home surround- section may, provide for such courts, ings, school record, and medical being held elsewhere than in the history, in order to enable it to buildings used 26 magistrates deal with the case in the best in- courts..
terests of the child or young per- eon, and may put to him any ques on arising gut of such informin
Ball for Children.
Where a person apparently under the age of sixteen years. is appre
tion.
headed, an inspector of police, or Where a child or young person ia other officer of police of equal or brought before a juvenile court for superior rank, shall inquire inte any offence ather than homicide the the case, and may in any case, and ease shall be finally disposed of in
() unloss the charge is one of such court.
or other gravo
homicide crime; or
(4) unless it is necessary in the intorent of such person to ro- move him from association with any undesirable person;
(c) unless the officer has reason to believe that the release of such person would defeat the ends of justice, ehall release such person, on a re cognizance, with or without securi- tica,
:
Probation Officers.
The Governor rany by notice in the Gazette appoint a fit and proper person or persons of either sex.
A probation officer when acting under a probation order shall be subject to the control, of the court.
The court may make an order din- charging an offender conditionally- on his entering Into a recogniz- of good buhaviour and to appear anen, with or without sureties, to be for sentenco or for conviction and. sonteneo when called upon at any
Child Beggars.
Any person may bring before a under the age of sixteen years juvenile court any person apparent
who
is found begging or receiving alms (whether or not there is any pretence of singing, playing, per- forming, offering anything for sale, or otherwise), or being in any strent, premises, or place for the purpose of so begging or receiving alms; or
is found wandering and not having any home or settled place of abode, or visible means of subsistance, or is found wander ing and having no parent or guardian, or a parent or guar- dian who does not exercise pro- per guardianship; or
is found destitute, frequenta the company of any reputed thief, or cominou or re- puted prostitute; or
a child or young person shall not be treated as coming within the description couthined in this paragraph if the only common or reputed prostitute whose com pany the child frequenta is the mother of the child or young per Bon, and she exercises proper guardianship and due care to protect the child or young persou from contamination
ig lodging or residing in a house "or the part of a house, used by any prostitute for the purposes of prostitution,
is in the custody, charge or care of any person who has within the niocoding twelve months heen convicted of certain offences
is brought into the Colony for the purpose of prostitution
the couple left for their honeymoon, in Macuo. The bride's travelling dress was of champagne coloured crepe-do-Chine.
GERMAN WEDDING.
MILLIONAIRE'S DAUGHTER
MARRIED,
A wedding of much interest to the German community took place on Friday, December 18, when, Fraou- lein Warm, became the bride of Capt. G. Braade of Messrs. Brandt and Co.
The bride the daughter of a millionaire newspaper-owner, pun. lisher for 43 years of the Goettinger- Tageblatt, the organ of National- Socialism, while the bridegroom is the principal of Messrs. Brandt and Co., General Manager, of the South China Motorship-Building and Re pairing Works Ltd., and the Hoi Fook Shipping Co. He in the youn gest son of the late Herr H. Brandt, at one time member of the Govern ment Board in the Province of Hanover, Germany. The ceremony was performed by the Rev. Father Diehl,
The couple arrived in Hong Kong on December is by the 8.s. "Cracs- via, Caps, Brandt having travell ed to Colombe to meet his fancel there. After the wedding, at which Messrs. Liermann and Schwob act-
ed as best men, an "At Home" was held in the German Club, be
Young, Lt. Hornell, Mr. Churching followed by a concert arranged and Mr. Moon.
SATURDAY, DECEMBER 20TH:-
the Civil Service Club." Lady Peol oponed the new pavi
The court before which a person is brought may order the child or young person to be taken out of the custody, charge, or care of any person, and to be committed to the care of a relative or some other fit. person or institution (including an Industrial or Reformatory School) named by the court.
Places of Detention. Such place or places of detention as may be required for the purposes of this Ordinance shall be provided or appointed by the Inspector Gen- eral of Police:
In selecting the place of detention to which a child or young person is to be committed the court or to whether the place is suitable for officer of police shall have regard the reception of convicted or of un- convicted persons, or charged with serious offences or of persons minor offences, as the case may be, and also, whero practicablo, to the religious pursuasion of the child or young person.
Inspector General of Police in res
The expenses incurred by tha.. pect of any place of detention pro- vided under this Ordinance, includ- ing the expenses of the maintenance of any child or young person de tained therein, whather detained on apprehension or committed to eux- tady on remund or committment for trial or in lieu of imprisonment or in default of payment of a fine, damages, or costs, shall be defrayed out of the general revenue.
is found in any eircumstances. which are, in the opinion of the order make rules for carrying this The Governor in Council may by Court, likely to lead to any in-Ordinance into effect, jury to the health or morals of such person.
(Continued on next Column.)
This Ordinance shall come into, force on such date as may be fixed" by Proclamation of the Governor."
by Miss Luba Pecker, Professor: F. Gonzales, Miss J. D'Aquino and Mr. L. Szente, and a dance with music arranged by Mr. G. W. E. True.
LESSON SERMON.
FIRST CHURCH OF CHRIST, SCIENTIST, HONG KONG.
*
Christian Science," wna the sub- ject of the Lemon-Sermon in all Churches of Christ, Scientist, on Sunday, December 27.
The Golden Text was." The glory of the Lord shall be revealed, all flesh shall see it together; for the mouth of the Lord hath spoken it." (Isaiah 40; 6.).
Among the citations which com- following from the Bible.-"If ye prised the Lessori-Sermon was the
love me, keep my commandments. And I will pray the Father, "and" he shall give you another Comfor ter, that ho may abide with you for ever; Even the Spirit of truth; whom the world cannot receive,' because it seeth him not, noither knoweth him but ye know him; for he dwelleth with you, and shall be in you." (John 14; 8-17).
The Lesson Sermon also includ- ed the following passage from the Christian Science textbook, Scriptures," by Mary Baker Eddy, Science and Health, with Key to the
Belonce is an onianation of the divins Mind, and is able to inter pret God aright. It has a spiritu al, and not a material origin, It
a divine utterance, the Com forter which leadeth into all truth. (P. 137).
18
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