TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 119

;

a detention centre.

It is therefore proposed to make it clear

in the Bill that section 11(2) has no application to a person

convicted of an offence under section 33.

29. Some criticism has been made by the courts of the

fact that no detention centre is yet available for persons over

17 and under 21 years of age. However, the Colonial Secretary

recently announced that steps are being taken to convert a wing

at Ma Po Ping Addiction Treatment Centre for this purpose.

The training of the necessary staff to administer the new

detention centre, which will be used for offenders over 17 and

under 21, is now proceeding. It is expected that the new centre

will be able to take its first inmates by about June, 1973.

30. If the section is to be tightened, so as to ensure

that a mandatory sentence is imposed on anyone convicted of an

offence under section 33, it is important to ensure that there

is a clear and consistent policy in deciding which persons are

to be charged under it. It is felt that such a consistent

policy can best be achieved by including a provision that the

consent of the Attorney General should be required before a

prosecution under this section is instituted. (New section

33(5)).

31. The Chief Justice has urged that the powers which are

available to the courts to deal with a person convicted under

section 33 should be widened, so as to allow them to order

detention in a training centre, either as an alternative in

its own right, or as an alternative only if the Commissioner

of Prisons certifies that the convicted person is suitable

for a detention centre order but that a place is not available

for him in a detention centre.

of

32. If a training centre order could be made in the case

any offender under 21, this might very well mean that only

a small number of convicted persons under 21 would actually be