TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 57

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How-

which a prison sentence might be unreasonably oppressive.

ever, if these sections were used frequently, it would destroy

the main deterrent effect of section 33, which is that severe

punishment is certain if an offence under it is proved.

Section 11(2) of the Juvenile Offenders Ordinance

provides that no young person (that is to say, a person over 13

and under 16), shall be sentenced to imprisonment if he can be

suitably dealt with in any other way. It is proposed in this

Bill to make it clear that this section has no application to

a person convicted of an offence under section 33.

The tightening up of this section, to ensure that a

mandatory sentence is imposed on anyone convicted of an offence

under it, makes it important that there should be a clear and

consistent policy in deciding which persons are to be charged

under it. It is felt that this can best be achieved by including

a requirement that the consent of the Attorney General shall be

necessary before a prosecution under this section may be insti-

tuted. This provision is contained in the new section 33(5).

There has been some criticism of the fact that a

detention centre has not been made available for persons over

17 and under 21. However, as announced by the Colonial Secretary

earlier in the year, a wing at Ma Mo Ping Addiction Treatment

Centre is being converted for this purpose and it is expected

that it will be able to take its first inmates, who will be

offenders over 17 and under 21, within the next few weeks.

The Chief Justice has suggested that the powers of

punishment which are open to the courts in dealing with those

convicted under section 33 should be widened. Consequently,

it is proposed in the Bill that a person who is over 13 and

under 17 may be sentenced to detention in a training centre,

if the Commissioner of Prisons has informed the court that the