CO129-537-2 Industry and Reformatory Schools Ordinance 1932 17-3-1932 - 29-4-1933 — Page 18

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

Section 2.

Youthful Offender.

This

18

Dr. Rakesh tray.

12.K.

Artesa "Industrial & Reforma- toy schools dulmance 1832 dem compr.

Andors. 21/10.

Sum minuli

Story:

definition omits the latter

part of S.S. definition from which it is derived.

This may in part be due to the provision of some other

law allowing a Court not to proceed to conviction of

a child or young person against whom an offence has

been proved, but as it stands, the definition includes

young persons against whom nothing has been proved

except that they have been brought or appear before

a Court. This seems somewhat unfair, but the

provisions of section 17 put the matter right by

only giving power to a Court to make an order ågainst

youthful offenders who have been convicted of offences.

Section 6(1).

A

The reference to the Executors

? Comment to

H.K.

KaRw.

*9 do mnt-re

can ensu

We sted?

ttri thuih omil Oeso

раса ходи

But see Model

Iwenile Benders

onderance.

and Administrators of a deceased

manager giving notice of their intention to relinquish

a certificate for a certificated school follows

Section 6(1) of the S.S.Ordinance. This section in

itself taken from section 48 of the Children Act,

1908 (8 Ed.7. Ch.67), but omits the words "if only

one" after "deceased manager" in line 3. This

omission is reasonable if it is the intention never

to have more than one manager; but if the existence

of more than one manager is contemplated, the duties

of the deceased manager would pass on his death to the

surviving manager or managers.

The wording of the definition of "Manager!!

in section 2 seems to imply that there will be only

one manager of a certified industrial school.

Section 17(1).

The provision of this sub-

section that a youthful

offender may be sent to a reformatory or certified

industrial school if convicted of an offence punishable

in the case of an adult by fine is an attempt to

combine

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