1968-HKRS28-8-35_Part01 — Page 48

Addition of new section 4.A.

3.

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The principal Ordinance is amended by adding after section 4 the following new section-

committal to custody in a training

centre

**Remand or 4A. (1) A court on remanding or committing for trial a person who in the opinion of the court has attained the age of fourteen years and has not attained the age of twenty-one years and who is not released on bail shall, instead of committing him to prison, commit him to custody in a training centre. there to be detained for the period for which he is remanded or until be is thence delivered in due course of law:

Jet | Edw. 7. 4. 67, 1. 97.J

(Cap. 26.)

Amendment of section 8.

4.

Provided that it shall not be obligatory on the court so to commit him if the court certifies that be is of so unruly a character that he cannot be safely so committed or that he is of so depraved a character that he is not a fit person to be so detained.

(2) A commitment under this section may be varied or, in the case of a person who proves to be of so unruly a character that he cannot be safely detained in such custody, or to be of so depraved a character that he is not a fit person to be so detained. revoked by any court, and if it is so revoked the person may be committed to prison.

(3) Nothing in subsection (1) shall affect the power of a juvenile court to remand a child or young person to custody in a place of detention as provided by subsection (1) of section 7 of the Juvenik Offenders Ordinance.".

Section 8 is amended in subsection (1) by-

(a) inserting after "sentenced to detention therein" the

following-

"under subsection (1) of section 4 or committed thereto under subsection (1) of section 4A”:

(8) deleting the proviso thereto and substituting the follow-

jog-

10p 244.3 (Carp. 136.)

"Provided that-

(a) in the event of conflict between the provi- sions of this Ordinance and the provisions of the Prisons Ordinance or the Mental Health Ordinance the provisions of this Ordinance shall prevail;

(b) a person committed under subsection (1) of section 4A shall be treated as a prisoner awaiting trial.".

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This printed impression has been carefully compared by me with the Bill which passed the Legistative Council on the 10th day of July, 1968, and is found by me to be a true and correctly printed copy of the said Bill.

(Secretariat GR 14/3231/480)

Deputy Clerk of Councils.