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Provisions as to
custody of person detained.
Orders of the Governor.
Presump- trọng.
(6) knowingly harbours, conceals or prevents from returning to such reformatory or certified indus- trial school any youthful offender who has escaped therefrom or knowingly assists in so doing;
shall be liable on summary conviction to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding six months.
General.
29.-(1) The order of detention made by a court in pursuance of which a youthful offender is sent to a reforma- tory or certified industrial school shall be in writing under the hand of the presiding magistrate and the seal of the court and shall be delivered with the youthful offender to the manager of the reformatory or certified industrial school and shall be sufficient authority for his detention therein, or in any other place to which he is transferred in pursuance of this Ordinance, in accordance with the tenor thereof.
(2) A youthful offender whilst so detained and whilst being conveyed to and from a reformatory or certified indus- trial school shall be deemed to be in legal custody and if he escapes may be apprehended without warrant and taken to the place wherein he was detained or to or from which he was being conveyed.
(3) Every officer of a reformatory or certified industrial school authorised by the manager thereof or by the court to take charge of any youthful offender ordered to be detained under this Ordinance, for the purpose of conveying him to or from the school or of apprehending and bringing him back to the school in case of his escape or refusal to return, shall for that purpose and while engaged in that duty have all the powers, protection and privileges of a police constable.
30. (1) Every order, authority or direction which by the provisions of this Ordinance may he given by the Governor shall be in writing.
(2) A copy under the hand of the Colonial Secretary shall be evidence of any such order, authority or direction purporting to be contained therein until the contrary is shown.
31. (1) The production of the order,, warrant or other document, in pursuance of which a child is directed to be sent to a reformatory or certified industrial school, or com- mitted to the care or custody of a society or institution, with a statement endorsed thereon or annexed thereto purporting to be signed by the manager to the effect that the child named therein was duly received into and is at the date of the signing thereof detained in such school, or by the secretary of such society or institution to the effect that such child was duly taken into the custody or care of such society or institution and is at the date of signing thereof still in their care or custody, or has been otherwise dealt with according to law, shall in all proceedings relating to such child be prima facie evidence of the identity and of the lawful detention or disposal of the child named in such order, warrant or other document.
4.
(2) A school to which any youthful offender is ordered
to be sent in pursuance of this Ordinance shall, until the contrary be proved, be presumed to be a reformatory or certified industrial school within the meaning of this ordi-
nance.
32. (1) The production of the Gazette containing a Evidence of notice of the grant or withdrawal of the certificate by the certification. Governor to or from an industrial school, or of the relinquish- ment of such certificate, shall be sufficient evidence of the fact of a certificate having been duly granted to or withdrawn from the school named in the notice or reliquished by the manager thereof.
(2) The grant of a certificate to an industrial school may be proved by the production of the certificate itself or of a copy of the same purporting to be signed by the Colonial Secretary.
(3) A copy of the rules of a reformatory or certified industrial school purporting to be signed by the Clerk of Councils, shall be evidence of such rules in all legal pro- ceedings whatsoever.
33. Any notice required to be given to a manager
of Service
a reformatory or certified industrial school may be served on of notice. him by being delivered personally to him or by being sent by post or otherwise in a letter addressed to him at the school.
to be
invalidated
34. Where a person charged with an offence is brought Order not before a court and it appears to the court that he is above the age
of seven and under the age of sixteen years an order by subse-
quent proof or judgment of the court shall not be invalidated by any of age. subsequent proof that the age of that person has not been correctly stated or presumed or declared by the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of this Ordinance, be deemed to be the true age of that person; and where it appears to the court that the person so brought before it is of the age of sixteen years or upwards, that person shall for the purposes of this Ordinance be deemed not to be a youthful offender.
tions.
35. The Governor in Council may by order make regula- Power to tions for carrying this Ordinance into effect, and in particular make regula- for prescribing the forms to be used for the purpose of legal proceedings thereunder or otherwise.
36. Save in so far as other provision is expressly made Saving. in this Ordinance, nothing in this Ordinance shall be deemed to affect any other law relating to children or young persons.
37. The Reformatory Schools Ordinance, 1901, is Repeal of repealed.
Ordinance No. 11 of 1901.
38. This Ordinance shall come into force on such date commence-
as may be fixed by proclamation of the Governor.
Passed the Legislative Council of Hong Kong, this 17th day of March, 1932.
R. A. C. NORTH,
Deputy Clerk of Councils.
ment.
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