1977-HKRS28-16-25_Part02 — Page 31

Deleton of beading.

Repeat of sections 3, 4, 5.

6. 7. 8. 9. 24

and 13.

Dekod ot bradius.

Arenduson al

(c) by deleting the definition of "manager" and substituting the

following-

"manager" means the superintendent or manager of any reformatory school established by the Government;"; and

(d) in the definition of "visitor" by deleting "or certified industrial". 5. The principal Ordinance is amended by deleting the heading "CERTIFIED INDUSTRIAL SCHOOLS.”.

6. Sections 3, 4, 5, 6, 7, 8, 9, 24 and 25 of the principal Ordinance are repealed.

The principal Ordinance is amended by deleting the heading "EXPENSES OF CERTIFIED INDUSTRIAL SCHOOLS.".

* Sections 14, 15, 17, 19, 21, 26, 27, 29, 31, 33, 34 and 36 of the sections 14.12. principal Ordinance are amended by deleting the words or certißed

industrial" wherever they occur

17. 19. 21. 25.

11. 20. 31. 3

34 14 36.

Aceradment of section 16.

Amendment of heading.

Arnendaexl section 28.

9. Section 16 of the principal Ordinance is amended by deleting "and every certified industrial school".

10. The principal Ordinance is amended by deleting the beading "OPFENCES IN RELATION TO REFORMATORY AND SCHOOLS.” and substituting the following-

CERTIFIED INDUSTRIAL.

"OFFENCES IN RELATION TO REFORMATORY SCHOOLS.",

11. Section 28 of the principal Ordinance is amended-

(2) in subsection (1) by inserting after training centre" the follow-

Ing

"or in a detention centre"; and

(b) by inserting after subsection (3) the following new subsections- "(3A) An order under subsection (1) for the delen- tion of a youthful offender in a detention centre shall take effect as if it had been made under the Detention Centres Ordinance.

(Cap. 103

(3B) A court or magistrate shall not make an order under subsection (1) for the detention of a youthful offender in a training_centre or detention centre unles5 the Commissioner of Prisons has informed the court or magistrale that in his opinion the youthful offender is suitable for detention in a training centre or a detention centre and that a place is available for him în a training centre or a detention centre.

(30) On an application made under subsection (1) a court or magistrate shall remand the youthful offender who is the subject of the application in the custody of the Commissioner of Prisons for such period, not exceed- ing 3 weeks, as the court thinks necessary to enable the Commissioner to form an opinion as to whether or not the youthful offender is suitable for detention in a training centre or in a detention centre.”.

3

12. Section 30 of the principal Ordinance is repealed and replaced by Rcpcal and the following-

"Proacuudon

ol ddalard

oftcam.

30. (1) Any youthful offender detained in a reformatory school who--

(a) during his period of detention commits any

offence; or

(b) prior to being detained committed any offence, other than the offence for which be detained, sball be liable to be prosecuted on account of such offence.

(2) If found guilty and sentenced-

(a) to imprisonment or to detention in a detention centre or training centre, the order for the youthful offender's detention in the reformatory school shall be discharged;

(b) to any other punishment, including a suspended sentence, be shall be taken back to the reformatory school wherein he was detained or such other school as the Governor may direct, there to com- plete his period of detention:

Provided that such youthful offender shall not be detained longer than until he attains the age of eighteen years.".

13, Section 35 of the principal Ordinance is amended-

(a) by deleting paragraphs (1) and (2); and

(6) in paragraph (3) by deleting the words "ar certified industrial".

Passed by the Hong Kong Legislative Council this 18th day of May, 1977.

Clerk to the Legisldtive 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.

कि

Clerk to the Legislative Council.

replacement of reckioo 30.

Amendment of section 35.