1953-HKRS29-8-20_Part01 — Page 19

Provision of training centros.

Sentence of

a training cente [of 11 & 12 G6o. 6, 256, 6.20, 8. (1) and (7) and

3. (1) The Governor may establish institutions (hereinafter referred to as training centres) for the training and reformation of offenders who have attained the age of fourteen years and have not attained the age of eighteen years.

(2) The Governor may declare that such places and buildings as he may deem fit shall be used for the purposes of a training centre, and any such declaration shall be published in the Gaselte.

4. (1) Where a person is convicted of an offence punishable detention in with imprisonment, then if on the day of his conviction he is in the opinion of the court not less than fourteen but under eighteen years of age, and the court is satisfied that it is in the interest of the community and that having regard to his character and previous conduct, and to the circumstances of the qfence, it is expedient for his reformation and for the prevention of crime that he should undergo a period of training in a training contre, the court may, in lieu of any other sentence, pass a sentence of detention in a training centre,

Second Schedule.)

Form 1.

Supervision,

Form 2.

(2) A person sentenced to detention shall be detained in a training centre for such period, not extending beyond three years from the date of his sentence, as the Commissioner may deter- mine, and shalt then be released: Provided that the Commissioner shall not release any such person before the expiration of nine months from the date of his sentence, unless required to do so by direction of the Governor.

(3) Before a sentence of detention is passed, the court shall consider any report or representations made by or on behalf of the Commissioner on the offender's physical and mental condition and his suitability for such sentence; and if the court is the District Court or a magistrate and has not received such a report or representations, it shall after conviction remand the offender into the custody of the Commissioner for such a period or periods, not exceeding three weeks in the case of any single period, as the court thinks necessary to enable the report or representations to be made.

5. (1) A person after his release from a training centre and until the expiration of four years from the date of his sentence may be subjected to supervision by such society or person as may be specified in a notice to be given him by the Commissioner on his release, and shall, while under supervision, comply with such requirements as may be so specified: Provided that the Commissioner may at any time modify or cancel any of the said requirements or order that a person who is under supervision as aforesaid shall cease to be under supervision.

3

(2) If the Commissioner is satisfied that a person under supervision has failed to comply with any requirement for the time being specified in the notice given to him under subsection (1), the Commissioner may by order recall such person to a Form 3. training centre, and thereupon such person shall be liable to be detained in a training centre until the expiration of three years from the date of his sentence, or the expiration of six months from the date of his being taken into custody under the order, whichever is the later, and, if at large, such person shall be deemed to be unlawfully at large: Provided that-

(a) any such order shall, at the expiration of four years from the date of sentence, cease to have cffcct unless the person to whom it relates is then in custody thereunder; and (b) the Commissioner may at any time release a person who is detained in a training centre under this subsection; and the foregoing provisions of this section shall apply in the case of a person so released as they apply in the case of a person released under subsection (2) of section 4. (3) If any person while under supervision, or after his recall to a training centre as aforesaid, is sentenced by a court to deten- tion in a training centre or to imprisonment, his original sentence of detention in a training centre shall cease to have effect.

(1) Any person sentenced to detention who is or is Provisions deemed to be unlawfully at large may be arrested by any police as to arrest and further officer without warrant and taken to the place in which he is detention of required by law to be detained.

persons

unlawfully (2) Where any person sentenced to detention is unlawfully at large, at large at any time during the period for which he is liable to be detained in pursuance of the sentence, then unless the Governor otherwise directs no account shall be taken in calculating the period for which he is liable to be so detained of any time during which he was absent from the training centre : Provided that this subsection shall not apply to any period during which any such person as aforesaid is detained in prison pursuant to the sentence of any court: Provided further that nothing contained in this subsection shall be construed as extending the period during which a person sentenced to detention is liable to supervi- sion under section 5.

7. (1) If the Governor is satisfied that a person serving a Transfers sentence of imprisonment is under eighteen years of age and from prison

to training might with advantage be detained in a training centre, he may, centre and after consultation where practicable with the judge or magistrate vice versa.

111 & 12 who passed the sentence, authorize the Commissioner to transfer Geo. 6, 6.58,

$59.1 Form 4.