XN000022-1996-06-05 — Page 39

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20.

Detained children's rights to obtain legal assistance

Following is a question by the Hon Miriam Lau Kin-yee and a reply by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Legislative Council today (Wednesday):

Question:

Article 37 of the United Nations Convention on the Rights of the Child provides, inter alia, that States Parties shall ensure that every child deprived of his or her liberty shall have the right to prompt access to legal or other appropriate assistance. In this connection, will the Government inform this Council:

Reply:

(a)

(b)

Mr President,

of the number of cases brought before the Juvenile Court for care and protection orders in the past three years and the number of children or juveniles in those cases who were given legal representation; and

in those cases in which no legal representation was given, how many involved the child or juvenile in question being placed in custody at an institution (e.g. Boys' or Girls' Homes) after appearing before a Magistrate in the Juvenile Court?

Under the Protection of Children and Juveniles Ordinance, a child or juvenile is brought before the Juvenile Court for care or protection proceedings when he or she has been or is at risk of being subject to abuse, or has behavioural problems which are beyond parental ability to resolve. Before a care or protection order is made, the child or juvenile concerned can be taken to a place of refuge for his or her protection from further abuse or neglect, while a welfare plan is worked out.

Within 48 hours after a child or juvenile is taken to a place of refuge, an application for a care or protection order in relation to the child or juvenile shall be made to the Juvenile Court. The Juvenile Court has a duty to give due consideration to the interests and welfare of the child or juvenile in question and it has the power to request the Official Solicitor to act for the child or juvenile before a decision is made on his or her case. The Director of Legal Aid, who has been appointed as the first Official Solicitor, will normally provide legal representation for the child or juvenile in such proceedings. Other appropriate assistance such as counselling for the child or juvenile is also made available.