(Cap. 236)
(12 of 1972)
(Cap. 222.)
(Cup. 2800)
(2) A person convicted of an offence under sub- section (1) shall-
(2) if under the age of 14 years, be dealt with in accordance with the provisions of the Juvenile Offenders Ordinance;
(6) 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 six mouths nor more than three years;
(ii) to a detention order under the provi- sions of the Detention Centres Ordinance, 1972, but subject to the provisions of that Ordinance:
(iii) to be caned, in accordance with the provisions of the Corporal Punishment Ordinance; or
(iv) - to detention in a training contre under the Training Centres Ordinance, but only if the Commissioner of Prisons has informed the court that in his opinion the offender is suitable for detention in a detention centre but that no place is available for him in a detention centre;
(c) if he is not less than 17 years of age and has
not attained 21 years of age, be sentenced-
(i) to imprisonment for not less than six months nor more than three years;
(ii) to a detention order under the provi- sions of the Detention Centres Ordinance, 1972, but subject to the provisions of that Ordinance; or
(iii) to be caned, in accordance with the provisions of the Corporal Punishment Ordinance:
(d) if of the age of 21 years or more, be sen-
tenced-
(i) to imprisonment for not less than six months nor more than three years; or
(ii) to be caned, in accordance with the provisions of the Corporal Punishment Ordinance.
(Cap. 227.)
(Cap. 298.)
(CD, 136.)
(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 rela- tion to such person.
(5) No prosecution for an offence under this section shall be instituted without the consent of the Attorney General, but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence, or the remand in custody or on bail of a person charged with any such offence.
(6) Any police offcer may stop and search any person in a public place in order to ascertain whether or not that person has been guilty of an offence against this section.
(7) Where a person is convicted of an offence under subsection (1), the court may make an order for the forfeiture of any offensive weapon in respect of which the offence was committed.",
Passed by the Hong Kong Legislative Council this 20th day of June, 1973.
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
Clerk to the Legislative Council.