1973-HKRS28-16-21_Part02 — Page 9

Authenticated Laws 確真本香港法例 All

Repeal and replacement of section 3, and addition of Dew sections 34, 38, 30, 3D, 36 and 3F.

"place of detention" means a place of detention

appointed under section 16:"; and

(c) inserting the following new subsection-

**Der. 1933, <.12. 1. 107(2):1

4.

(2) References in this Ordinance to a finding of guilty shall be construed as including references to a plea of guilty and an admission that an offence has been committed.".

Section 3 of the principal Ordinance is repealed and replaced by the following-

"Age of

sriminal

responsi-

bility.

1933. *. 13. 1.50.

Juvenile

courts.

Lev. 1933, «. 12 * 45.1

(Cap. 127)

Juvenile

court may take advice

as to method

of dealing with juvenile.

3. It shall be conclusively presumed that no child under the age of seven years can be guilty of an offence.

J

3A. (1) Courts constituted in accordance with this section and sitting for the purpose of hearing any charge against a child or young person or for the purpose of exercising any other jurisdiction con- ferred on juvenile courts by or under this or any other Ordinance shall be known as juvenile courts.

(2) A juvenile court shall consist of a permanent magistrate appointed by the Chief Justice.

(3) A juvenile court shall have jurisdiction to hear and determine a charge against a child or young person of any offence other than bomicide.

(4) A juvenile court shall have all the powers of a permanent magistrate and, subject to this Ordinance, the Magistrates Ordinance shall apply to proceedings before a juvenile court as it applies to proceedings before a magistrate.

3B. (1) A juvenile court may, in determining the method of dealing with a child or young person who has been found guilty of any offence, take the advice of two persons selected by the court from the Panel.

(2) For the purposes of subsection (1), the Chief Justice may, after consultation with the Secretary for Home Affairs, appoint a panel of persons, which shall be known as the Juvenile Courts Advisory Panel.

(3) Notice of the appointment of any person to the Panel shall be published in the Gazette.

Assignment of certain matters to juvenile

courts.

kt. 1939, c. 12. +45.1

Procedure in juvenile courts.

C. (1) Subject as hereinafter provided, no charge against a child or young person shall be heard by a court of summary jurisdiction which is not a juvenile court.

(2) Notwithstanding subsection (I)-

(a) a charge made jointly against a child or young person and a person who has attained the age of sixteen years shall be heard by a court of summary jurisdiction other than a juvenile court;

(b) where a child or young person is charged with an offence, the charge may be heard by a court of summary jurisdiction which is not a juvenile court if a person who has attained the age of sixteen years is charged at the same time with akling, abelting. causing, procuring, allowing or permitting that offence; and

(c) where, in the course of any proceedings before any court of summary jurisdiction other than a juvenile court, it appears that the person to whom the proceedings relate is a child or young person, nothing in this subsection shall be construed as preventing the court, if it thinks fit so to do, from proceeding with the hearing and determina- tion of those proceedings.

(3) No direction, whether contained in this or any other Ordinance, that a charge shall be brought before a juvenile court shall be construed as restrict- ing the powers of any judge. District Judge or magistrate to entertain an application for bail or for a remand, and to hear such evidence as may be necessary for that purpose.

3D. (1) Juvenile courts shall sit as often as may be necessary for the purpose of exercising any 4. 1911, c. 12. jurisdiction conferred on them by this or any other

Ordinance.

1. 47 and 451

(2) A juvenile court shall not sil in a room in which sittings of a court other than a juvenile court are held if a sitting of that other court has been or will be held within an hour before or after the sitting of the juvenile court.

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