TNAG-0918-FCO40-1129-Human-rights-in-Hong-Kong-1977 — Page 6

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

F

CONTIDEN HAL

Article 10.3

The essential aim as to the treatment of prisoners is their reformation and social rehabilitation.

Juvenile Offenders

(a) A court shall not sentence a juvenile to prison

unless it has first considered a probation officer's report and has come to the conclusion that there is no other way of dealing with him.

(b) A court may, if it thinks it appropriate, suspend

a sentence of imprisonment so that it is not served unless the person convicted offends again during the period of suspension.

(c) A juvenile offender, if the court considers that

a custodial sentence is required, instead of being sent to a jail, may be sent to a Detention Centre where for a period of 3 months he will be subject to discipline, or to a Training Centre vhere for a period of 9 months to 3 years (the average is 15 months) he will be subject to discipline and also will be taught a trade. Before being sent to either institution the juvenile must be considered suitable by the Commissioner of Prisons.

Article 12

Article 13

Noted.

We would need a reservation on this Article, as there is no right of review of a decision made by the Governor or by the Governor in Council, nor is there any right to appear before the Governor or the Executive Council. We are not contemplating any provision in regard to review or representation,

Articles 14, 20, 25

MACLE HOSE.

Noted.

FILES

UND

MAID

CARIBBEAN D

WIAD

GXG D

HRIOD

PDTD

LEGAL ADVISENS

PS/MRENNALS MA WEIR

MRLARMOUR

CONFIDENTIAL

C

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