TNAG-0585-FCO40-718-Employment-of-children-in-Hong-Kong-1976 — Page 139

A.D. 1933.

[CH. 12.]

Children and Young Persons Act, 1933.

[23 GEO. 5.]

(2) Any person who publishes any matter in contra- vention of this section shall on summary conviction be PART III. liable in respect of each offence to a fine not exceeding

fifty pounds.

-cont.

Age of criminal responsibility.

Removal of dis- qualifications attaching to felony.

Juvenile Offenders.

50. It shall be conclusively presumed that no child under the age of eight years can be guilty of any offence. 51. No conviction or finding of guilty of a child or young person shall be regarded as a conviction of felony for the purposes of any disqualification attaching to felony. 52.—(1) A child shall not be ordered to be im- on punish- prisoned or be sent to penal servitude for any offence, or be committed to prison in default of payment of a fine, damages, or costs.

Restrictions

ment of children and young persons.

Punishment of certain

grave crimes.

(2) A young person shall not be sent to penal servitude for any offence.

(3) A young person shall not be ordered to be imprisoned for an offence, or be committed to prison in default of payment of a fine, damages, or costs, unless the court certifies that he is of so unruly a character that he cannot be detained in a remand home or that he is of so depraved a character that he is not a fit person to be so detained.

53.-(1) Sentence of death shall not be pronounced on or recorded against a person under the age of eighteen years, but in lieu thereof the court shall sentence him to be detained during His Majesty's pleasure, and, if so sentenced, he shall, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and under such conditions as the Secretary of State may direct.

(2) Where a child or young person is convicted on indictment of an attempt to murder, or of man- slaughter, or of wounding with intent to do grievous bodily harm, and the court is of opinion that none of the other methods in which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period as may be specified in the sentence; and where such a sentence has been passed the child or young person shall, during that period, notwith- standing anything in the other provisions of this Act, be liable to be detained in such place and on such conditions as the Secretary of State may direct.

38