TNAG-0585-FCO40-718-Employment-of-children-in-Hong-Kong-1976 — Page 81

42

CH. 37

SCH. 3

Children and Young Persons Act 1963

13. In section 53(4), for the words "shall return" there shall be substituted the words " may be arrested without warrant by any constable and taken "; and the words from "and if he fails "to the end of the section shall be omitted.

14. (1) In subsection (1) of section 56, for the words “if it thinks fit" there shall be substituted the words "and, if it is not a juvenile court, shall unless satisfied that it would be undesirable to do so".

(2) For subsection (2) of that section there shall be substituted the following subsection:-

"(2) Where any case is so remitted-

(a) the offender shall have the same right of appeal against any order of the court to which the case is remitted as if he had been found guilty by that court, but shall have no right of appeal against the order of remission; and

(b) any appeal against the finding of guilt shall, if the finding was made by a juvenile or other magistrates' court, be made to the court of quarter sessions having jurisdiction to hear an appeal under paragraph (a) of this subsection.”

15. In section 58, for the words "for the detention of the person to whom it relates" there shall be substituted the words "for his detention in that approved school or in such other approved school as the Secretary of State may from time to time determine ".

16. After subsection (2A) of section 62 there shall be inserted the following subsection:-

66

(2B) A person of or over the age of sixteen who is or has been married shall not be brought before or dealt with by a juvenile court under this section."

17. (1) In section 67(1), after the words "committed, or" there shall be inserted the words " any person".

(2) In section 67(2), after the words "five foregoing sections" there shall be inserted the words "or subsection (8) of section 84 of this Act".

66

18. In subsections (2) and (7) of section 70, for the words from by reason of " to "education)" there shall be substituted the words "in respect of a person brought before a juvenile court under section 40A of the Education Act 1944 ".

19. In section 73, the words "under the foregoing provisions of this Act" shall be omitted and at the end of the proviso there shall be added the words "nor to a person detained under this section or under section 17 of the Criminal Justice Act 1961 ".

20.-(1) In subsection (1) of section 84, after the words "in this section" there shall be inserted the words "and the next following section "

(2) In subsection (6) of that section the words "upon the applica- tion of any person" shall be omitted.

""

21. In section 85(1), for the words from "who, having no parent to the end of the subsection there shall be substituted the words "beyond the control of his parent or guardian ".