CO129-542-8 Industrial and Reformatory Schools Amendment Ordinance- 1933 13-10-1933 - 27-11-1933 — Page 8

Encl. No.2.

8

ATTORNEY GENERAL'S CHAMBERS,

Hong Kong, ..13th October.,....193 3.

REPORT ON ORDINANCE No.

21

.....of 1933 .

(5)

m

91233/2/32

1. 1 have examined the accompanying Ordinance. inti tuled an

Ordinance to amend the Industrial and Reformatory Schools

Ordinance, 1932, and I am of opinion that the Ordinance

is one which is not contrary to the Governor's instructions.

2. Section 2 of this Ordinance repeals the definition

of "youthful offender" in section 2 of the principal

Ordinance and re-enacts it with the substitution of the

word "offender" for the word "person". Section 2 also

defines "child" and "young person" as they are referred

to in sections 3 and 31 of the principal Ordinance.

3. This amendment is made in consequence of suggestions

made by the Secretary of State in his despatch of the

29th April, 1933, intimating that His Majesty will not be

advised to exercise his power of disallowance in respect

of Ordinance No.6 of 1932.

4. The amendment is intended to make it clear that the

children who are dealt with under section 17 of the

Juvenile Offenders Ordinance, No.1 of 1932, who are not

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(5)on

92583/6/32

charged with any offence and cannot therefore be regarded as

offenders, are excluded from the definition of "youthful

offender" in the Industrial and Reformatory Schools Ordinance,

No.6 of 1932.

5. Section 3 amends 3 of the principal Ordinance so as to

include young persons as well as children.

6. Section 4 substitutes a redrafted sub-section for sub-

section 6(1) of the principal Ordinance so as to provide, as

in the case of section 48 of the Children Act, 1908, (8 Ed.7

c.67),

that the relinquishment of the certificate given to a

certified industrial s chool may be made, in the case of a

deceased sole manager, by his executors or administrators.

7. Section 5 substitutes a redrafted sub-section for

section 8(3) of the principal Ordinance which makes a dis-

tinction between the orders of the Governor relating to

youthful offenders detained under section 7 in certified

industrial schools on the withdrawal or relinquishment of

the certificates and the orders relating to other children

committed to such schools.

8. Section 6 deletes the word "renew," from section 17(4)

of the principal Ordinance which empowered a court making an

order of detention to "renew, vary or revoke" it. The

Secretary of State in his despatch of the 29th April, 1933,

suggested that if an offender is sentenced to a definite term

of detention he should be released at the end of that term

unless during the detention he has committed an offence for

which he can be given a further term.

9. Section 7 corrects a misprint in section 19(2) of the

principal Ordinance.

10. Section 8 deletes the word "detained" from section

31(1)

of the principal Ordinance as the section applies to children

committed to certified industrial s chools under section 17 of

Ordinance No.1 of 1932 as well as to youthful offenders under

Ordinance No.6 of 1932 and the word "detained" is considered

inapplicable to the former. Section 8 also adds the word

P

"or young person" after the word "child" wherever that word

occurs in section 31(1).

10 END

11. Section 9 brings this amending Ordinance into force at

the same time as the principal Ordinance which it amends. Such

coming into force will be on a date fixed by Proclamation under

section 38 of Ordinance No.6 of 1932.

12. In my opinion this is an Ordinance to which His Excellency

the Governor may properly assent in the name of His Majesty and

on His behalf.

ая

Attorney General.

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