TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 135

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Practical experience of the working of this section,

since its enactment last year, has made it desirable to remove

certain doubts which have arisen as to its effect and to

widen the scope of the powers of punishment available to the

courts when dealing with a person convicted under this section.

The new section 33(2) sets out, in detail,

the

ways in which a court may deal with a person convicted under

the section.

(a)

The main changes introduced are as follows:

a person over 13 and under 17 years may also be

sentenced to corporal punishment or to detention

in a training centre, if there is no room for him

in a detention centre, as alternatives to imprison-

ment or a detention centre order;

(b) a person aged 17 or more may also be sentenced to

corporal punishment, as an alternative to imprison-

ment or a detention centre order.

The opportunity has been taken to make it clear

that section 36 of the Magistrates Ordinance and section 3(1)

of the Probation of Offenders Ordinance, which enable a

magistrate to make an order discharging an offender or putting

him on probation without proceeding to conviction, and section

11(2) of the Juvenile Offenders Ordinance, do not apply where

a person is charged with an offence under this section (new

section 33(3) and (4)).

In order to ensure that a careful control is kept

over the operation of this section, the new section 33(5)

provides that the consent of the Attorney General is required

before a prosecution under it is instituted.

Attorney General.

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