TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 79

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C.S. 84

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XCR(73)90

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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 a general alternative or as a limited alternative only if the Commissioner of Prisons certifies both that the convicted person is suitable for a detention centre order and that a place is not available for him in a detention centre.

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If a training centre order could be made in the case of any offender under 21, the result might be that only a small number of convicted persons under 21 would actually be sent to prison, since it is probable that the courts would prefer to send offenders to a training centre rather than to prison, if given the choice.

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If this happened, the favourable impact which the section has made on public opinion would be largely dissipated. On the other hand, there is much to be said for keeping the youngest group of offenders out of prison if possible, and it is suggested that a training centre should be available for an offender over 13 and under 16, but only if the Commissioner certifies that the younster is suitable for a detention centre and that a place is not available for him in one. The Commissioner of Police is of the opinion, however, that this proposal would be construed by the public as showing undue softness to young criminals.

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The Commissioner of Prisons, however, has pointed out that it would, in his view, be an abuse of the principles behind the Training Centres Ordinance for offenders to be committed to a centre for punishment. A period of detention in a training centre is intended for the reformation of an offender and not for his punishment. Furthermore, the available training centres are already over-full and the Commissioner has no control over admissions to these centres, as he does have in the case of a detention centre. He appreciates the argument put forward by the Judiciary, that it is undesirable for young offenders to have to be sent to prison because no space is available in a detention centre. In his view, however, the proper solution is to ensure that an adequate number of places is available in detention centres. He therefore urges that it should not be open to the courts to send persons convicted under section 33 to a training centre, but that the Chatham Road Compound should be immediately handed to him so that part of it can be adapted for use as a further detention centre.

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