Encl. No.2.
8
ATTORNEY GENERAL'S CHAMBERS,
Hong Kong, ..13th October.,....193 3.
REPORT ON ORDINANCE No.
21
.....of 1933 .
(5)
m
91233/2/32
1. 1 have examined the accompanying Ordinance. inti tuled an
Ordinance to amend the Industrial and Reformatory Schools
Ordinance, 1932, and I am of opinion that the Ordinance
is one which is not contrary to the Governor's instructions.
2. Section 2 of this Ordinance repeals the definition
of "youthful offender" in section 2 of the principal
Ordinance and re-enacts it with the substitution of the
word "offender" for the word "person". Section 2 also
defines "child" and "young person" as they are referred
to in sections 3 and 31 of the principal Ordinance.
3. This amendment is made in consequence of suggestions
made by the Secretary of State in his despatch of the
29th April, 1933, intimating that His Majesty will not be
advised to exercise his power of disallowance in respect
of Ordinance No.6 of 1932.
4. The amendment is intended to make it clear that the
children who are dealt with under section 17 of the
Juvenile Offenders Ordinance, No.1 of 1932, who are not
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92583/6/32
charged with any offence and cannot therefore be regarded as
offenders, are excluded from the definition of "youthful
offender" in the Industrial and Reformatory Schools Ordinance,
No.6 of 1932.
5. Section 3 amends 3 of the principal Ordinance so as to
include young persons as well as children.
6. Section 4 substitutes a redrafted sub-section for sub-
section 6(1) of the principal Ordinance so as to provide, as
in the case of section 48 of the Children Act, 1908, (8 Ed.7
c.67),
that the relinquishment of the certificate given to a
certified industrial s chool may be made, in the case of a
deceased sole manager, by his executors or administrators.
7. Section 5 substitutes a redrafted sub-section for
section 8(3) of the principal Ordinance which makes a dis-
tinction between the orders of the Governor relating to
youthful offenders detained under section 7 in certified
industrial schools on the withdrawal or relinquishment of
the certificates and the orders relating to other children
committed to such schools.
8. Section 6 deletes the word "renew," from section 17(4)
of the principal Ordinance which empowered a court making an
order of detention to "renew, vary or revoke" it. The
Secretary of State in his despatch of the 29th April, 1933,
suggested that if an offender is sentenced to a definite term
of detention he should be released at the end of that term
unless during the detention he has committed an offence for
which he can be given a further term.
9. Section 7 corrects a misprint in section 19(2) of the
principal Ordinance.
10. Section 8 deletes the word "detained" from section
31(1)
of the principal Ordinance as the section applies to children
committed to certified industrial s chools under section 17 of
Ordinance No.1 of 1932 as well as to youthful offenders under
Ordinance No.6 of 1932 and the word "detained" is considered
inapplicable to the former. Section 8 also adds the word
P
"or young person" after the word "child" wherever that word
occurs in section 31(1).
10 END
11. Section 9 brings this amending Ordinance into force at
the same time as the principal Ordinance which it amends. Such
coming into force will be on a date fixed by Proclamation under
section 38 of Ordinance No.6 of 1932.
12. In my opinion this is an Ordinance to which His Excellency
the Governor may properly assent in the name of His Majesty and
on His behalf.
ая
Attorney General.
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