TNAG-0585-FCO40-718-Employment-of-children-in-Hong-Kong-1976 — Page 134

[23 GEO. 5.]·

Children and Young Persons Act, 1933.

[CH. 12.]

place where it was taken, and of the names of the persons A.D. 1933. (if any) present at the taking thereof.

(2) The justice taking any such deposition shall transmit it with his statement-

(a) if the deposition relates to an offence for which any accused person is already committed for trial, to the proper officer of the court for trial at which the accused person has been committed; and

(b) in any other case, to the clerk of the court before which proceedings are pending in respect of the offence.

PART III.

-cont.

of child or

young

person in

43. Where, in any proceedings in respect of any of the Admission offences mentioned in the First Schedule to this Act, the of deposition court is satisfied by the evidence of a duly qualified medical practitioner that the attendance before the court of any child or young person in respect of whom evidence. the offence is alleged to have been committed would involve serious danger to his life or health, any deposition of the child or young person taken under the Indictable Offences Act, 1848, or this Part of this Act, shall be admissible in evidence either for or against the accused person without further proof thereof if it purports to be signed by the justice by or before whom it purports to be taken :

Provided that the deposition shall not be admissible in evidence against the accused person unless it is proved that reasonable notice of the intention to take the deposi- tion has been served upon him and that he or his counsel or solicitor had, or might have had if he had chosen to be present, an opportunity of cross-examining the child or young person making the deposition.

Principles to be observed by all Courts in dealing with Children and Young Persons.

44.-(1) Every court in dealing with a child or General young person who is brought before it, either as being in considera- need of care or protection or as an offender or otherwise, tions. shall have regard to the welfare of the child or young person and shall in a proper case take steps for removing him from undesirable surroundings, and for securing that proper provision is made for his education and training.

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