Amendment
(6) discharge of youthful offenders under section 20; (c) the duties to be performed and powers to be
exercised by-
(1) the superintendent and other officers includ- ing medical officers appointed under section 12; and
(ii) visitors appointed under section [4."”.
3. Section 15 of the principal Ordinance is amended by the
of section 15. insertion in subsection (1) after the words "Supreme Court" of the
following-
Amendment
"or District Court".
4. Section 17 of the principal Ordinarice is amended by the of scction 17. deletion of subsections (1), (2), (3) and (4) and the substitution therefor
of the following-
Addition of
new section
25A
"(1) When a youthful offender is convicted before any court of an offence punishable, in the case of an adult by a fine or by imprisonment, the court may, in lieu of any such sentence of fine or imprisonment, order such offender to be detained in a reformatory school; and such order shall take effect as a sentence of detention for a period of not less than two years and not more than five years, and in any case not longer than until such offender attains the age of eighteen years, and the powers conferred under section 20 shall be exercisable upon the expiry of the said period of two years.
(2) Before a sentence of detention is passed, the court shall consider any report or representations made by or on behalf of the Director of Social Welfare on the youthful offender's physical and mental condition and his suitability for such sentence; and for such purpose the court may remand the said offender in custody by order made under subsection (6)”.
5. The principal Ordinance is amended by the addition after section 25 of the following new section—
"Incorri- gibles.
25A. (1) On an application being made on behalf of the Director of Social Welfare în respect of an incorrigible, a court or magistrate may order that such incorrigible be detained in a training centre or may commute the un- expired part of his period of detention to such term of imprisonment as it may see fit not exceeding the said unexpired period of detention.
(2) For the purpose of determining which order, if any, would be the more expedient for the reformation of the youthful offender and for the prevention of crime, the
(No. $ of
1953).
court may conduct such inquiry as it may see fit, including the hearing of the youthful offender.
(3) An Order for the detention of a youthful offender in a training centre shall take effect as if it had been made under the provisions of the Training Centres Ordinance. 1953.
(4) For the purposes of this section an incorrigible means a youthful offender over the age of fourteen years in respect of whom the Director of Social Welfare has certified in writing that in his opinion the youthful offender is an incorrigible by reason of any of the following-
(a) absconding:
(b) persistent refusal to conform to the rules of the
Reformatory School:
(c) wilful insubordination against the discipline of
such school;
(d) such other conduct as renders him a bad influence on the other youthful offenders detained in such school.**.
Passed the Legislative Council of Hong Kong, this 2rud day of September, 1959.
(Secretariat GR3/3231/58)
Shayman
Deputy Clerk of Councils.