1988 Ed.]
Reformatory Schools
[CAP. 225
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shall be liable to be punished in the manner prescribed by the rules of the said reformatory school.
(Amended 30 of 1977 s. 8)
Power to order detention in training centre etc. or imprisonment
28. (1) On an application being made on behalf of the Director of Social Welfare in respect of a youthful offender who is unsuitable for further detention in a reformatory school, a court or magistrate may order that such youthful offender be detained in a training centre or in a detention centre or may commute the unexpired part of his period of detention to such term of imprisonment as it may see fit not exceeding the said unexpired period of detention. (Amended 30 of 1977 s. 11; 90 of 1988 s. 3)
(2) For the purpose of determining which order, if any, would be the more expedient for the reformation of the youthful offender and for the prevention of crime, the court may conduct such inquiry as it may see fit, including the hearing of the youthful offender.
(3) An order for the detention of a youthful offender in a training centre shall take effect as if it had been made under the provisions of the Training Centres Ordinance (Cap. 280).
(3A) An order under subsection (1) for the detention of a youthful offender in a detention centre shall take effect as if it had been made under the Detention Centres Ordinance (Cap. 239). (Added 30 of 1977 s. 11)
(3B) Before an order is made under subsection (1) for detention of a youthful offender in a training centre or detention centre a court or a magistrate shall consider a report of the Commissioner of Correctional Services on the suitability of the youthful offender for detention in a training centre or a detention centre and on the availability of places at training centres or detention centres. (Replaced 90 of 1988 s. 3)
(3C) On an application made under subsection (1) a court or magistrate shall remand the youthful offender who is the subject of the application in the custody of the Commissioner of Correctional Services for such period, not exceeding 3 weeks, as the court thinks necessary to enable the Commissioner to form an opinion as to whether or not the youthful offender is suitable for detention in a training centre or in a detention centre. (Added 30 of 1977 s. 11)
(4) For the purposes of this section, a youthful offender is unsuitable for further detention if he has attained the age of 14 years and the Director of Social Welfare has certified in writing that, in the opinion of the Director of Social Welfare, he is unsuitable for such further detention by reason of any of the following (Amended 90 of 1988 s. 3)
(a) absconding;
(b) persistent refusal to conform to the rules of the reformatory school;
(c) wilful insubordination against the discipline of such school;
(d) such other conduct as renders him a bad influence on the other youthful offenders detained in such school.
(5) For the purposes of this section, the definition of “youthful offender" in section 2 shall apply as if the words "under the age of 18 years" were substituted for the words "under the age of 16 years". (Added 90 of 1988 s. 3)
(Added 32 of 1959 s. 5)
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1988 Ed.]
Reformatory Schools
[CAP. 225
9
shall be liable to be punished in the manner prescribed by the rules of the said reformatory school.
(Amended 30 of 1977 s. 8)
Power to order detention in training centre etc. or imprisonment
28. (1) On an application being made on behalf of the Director of Social Welfare in respect of a youthful offender who is unsuitable for further detention in a reformatory school, a court or magistrate may order that such youthful offender be detained in a training centre or in a detention centre or may commute the unexpired part of his period of detention to such term of imprisonment as it may see fit not exceeding the said unexpired period of detention. (Amended 30 of 1977 s. 11; 90 of 1988 s. 3)
(2) For the purpose of determining which order, if any, would be the more expedient for the reformation of the youthful offender and for the prevention of crime, the court may conduct such inquiry as it may see fit, including the hearing of the youthful offender.
(3) An order for the detention of a youthful offender in a training centre shall take effect as if it had been made under the provisions of the Training Centres Ordinance (Cap. 280).
(3A) An order under subsection (1) for the detention of a youthful offender in a detention centre shall take effect as if it had been made under the Detention Centres Ordinance (Cap. 239). (Added 30 of 1977 s. 11)
(3B) Before an order is made under subsection (1) for detention of a youthful offender in a training centre or detention centre a court or a mag- istrate shall consider a report of the Commissioner of Correctional Services on the suitability of the youthful offender for detention in a training centre or a detention centre and on the availability of places at training centres or detention centres. (Replaced 90 of 1988 s. 3)
(3C) On an application made under subsection (1) a court or magistrate shall remand the youthful offender who is the subject of the application in the custody of the Commissioner of Correctional Services for such period, not exceeding 3 weeks, as the court thinks necessary to enable the Commissioner to form an opinion as to whether or not the youthful offender is suitable for detention in a training centre or in a detention centre. (Added 30 of 1977 s. 11)
(4) For the purposes of this section, a youthful offender is unsuitable for further detention if he has attained the age of 14 years and the Director of Social Welfare has certified in writing that, in the opinion of the Director of Social Welfare, he is unsuitable for such further detention by reason of any of the following (Amended 90 of 1988 s. 3)
(a) absconding;
(b) persistent refusal to conform to the rules of the reformatory school; (c) wilful insubordination against the discipline of such school;
(d) such other conduct as renders him a bad influence on the other
youthful offenders detained in such school.
(5) For the purposes of this section, the definition of “youthful offender" in section 2 shall apply as if the words "under the age of 18 years" were substituted for the words "under the age of 16 years". (Added 90 of 1988 s. 3) (Added 32 of 1959 s. 5)
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