184700-1931-Supplementary-Draft-Bill--Juvenile-Offenders — Page 1

1348

Draft Bill.

No. S. 492.-The following bill is published for general information :-

C.S.O. 3690/30.

[No. 32:-8.12.31.-4]

A BILL

INTITULED

Short title.

Interpreta- tion.

8 Edw. VII, c. 67, s. 131.

An Ordinance to make provision for Proceed-

ings in reference to Juvenile Offenders.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Juvenile Offenders Ordinance, 1932.

2. In this Ordinance unless the context otherwise requires-

(a) "Child" means a person who is, in the opinion of the court having cognizance of any case in relation to such person, under the age of fourteen years.

(b) "Young person means a person who is, in the opinion of the court having cognizance of any case in relation to such person, fourteen years of age or upwards and under the age of sixteen years.

(c)

"Guardian", in relation to a child or young person, includes any person who, in the opinion of the Court having cognizance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person.

(d) "Probation Officer" means a person appointed under this Ordinance by the Governor or by the court to be a probation officer.

Juvenile Courts.

8 Edw. VII,

c. 67 s. 111.

3.—(1) A court, other than the Supreme Court acting in the exercise of its criminal jurisdiction, when hearing charges against children or young persons shall, unless the child or young person is charged jointly with any other person not being a child or young person, sit either in a different building or room from that in which the ordinary sittings of the court are held, or on different days or at different times from those at which the ordinary sittings are held, and a court so sitting is in this Ordinance referred to as a juvenile court.

(2) Where in the course of any proceedings in a juvenile court it appears to the court that the person charged or to whom the proceedings relate is of the age of sixteen years or upwards, or where in the course of any proceedings in any court other than a juvenile court it appears that the person charged or to whom proceedings relate is under the age of sixteen years, nothing in this section shall be construed as preventing the court if it thinks it undesirable to adjourn the case, from proceeding with the hearing and determination of the case.