[et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Legal proceedings against a child” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”]<\/p>\n
[\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
Whilst the Convention defines a child as a person who has not attained 18 years of age, criminal offences committed by persons aged 16 to 18 are dealt with in adult courts in Hong Kong. Even so, the emphasis for young offenders is still upon long term reform and rehabilitation.\u00a0Section 109A<\/a>\u00a0of the\u00a0Criminal Procedure Ordinance<\/a>\u00a0,\u00a0Cap. 221<\/a>\u00a0provides that unless the offence is one that can only be dealt with by a sentence of imprisonment, for example murder, persons aged over 16 and under 18 shall not be sentenced to imprisonment unless no other method of dealing with them is appropriate.<\/p>\n Section 3<\/a>\u00a0of the\u00a0Juvenile Offenders Ordinance<\/a>\u00a0(JOO),\u00a0Cap. 226<\/a>\u00a0, contains an irrebutable presumption that a person under 10 years of age cannot commit a criminal offence.<\/p>\n Section 3A<\/a>\u00a0of the\u00a0JOO<\/a>\u00a0established the Juvenile Court. A juvenile court has jurisdiction over charges against a child or young person other than a charge of homicide. The principle is to separate young offenders from older offenders. The emphasis with young offenders is upon long term reform and rehabilitation rather than simply punishment.<\/p>\n Under\u00a0section 2<\/a>\u00a0of the\u00a0JOO<\/a>\u00a0a “child” is defined as a person under the age of 14 years whilst a \u201cyoung person\u201d is a person of 14 years of age or over, but under 16 years of age. No criminal charge against a child or young person shall be heard by a court of summary jurisdiction which is not a juvenile court. However, where a child or young person is charged together with a person who has attained 16 years of age, that charge will be heard before an adult court. The juvenile court only has jurisdiction over persons who have not attained 16 years of age. As joint offenders should be tried together the charge will be dealt with in the adult court.<\/p>\n However\u00a0section 3F(1)<\/a>\u00a0of the\u00a0JOO<\/a>\u00a0provides that a person under 16 years of age convicted in an adult court may be remitted to the Juvenile Court for sentence unless the convicting court is satisfied that it would be undesirable to do so. In most cases it is in the best interests of a child or young person to be remitted to the juvenile court for sentence as that court is especially equipped to deal with persons aged between 10 and 16.<\/p>\n As part of the long term reform and rehabilitation approach, juvenile courts sit in private. Under\u00a0section 3D(3)<\/a>\u00a0of the\u00a0JOO<\/a>\u00a0no person shall be present at any sitting of a juvenile court other than officers of the court; parties to the case before the court, their solicitors and counsel, and witnesses and other persons directly concerned in that case. Bona fide representatives of newspapers or news agencies may also be present.\u00a0 Even so, any representative of a newspaper or news agency may be excluded from any sitting if the court considers this is necessary in the interests of the defendant.<\/p>\n As well as sitting in private, there are substantial restrictions on what may be published about events in the juvenile court. Under\u00a0section 20A<\/a>\u00a0of the\u00a0JOO<\/a>\u00a0no written report or broadcast of any proceedings in the juvenile court, or an appeal from a juvenile court which identifies the defendant or which would tend to identify the defendant, may be published.\u00a0 The court may however dispense with the restrictions on identification if it is satisfied it is in the interests of justice to do so. This will depend on the circumstances of the particular case.<\/p>\n Section 6<\/a>\u00a0of the\u00a0JOO<\/a>\u00a0also provides that offenders under 16 years of age are to be kept separate from adult offenders both in court and on the way to and from court.<\/p>\n The\u00a0JOO<\/a>\u00a0provides that no young person shall be sentenced to imprisonment if he\/she can be suitably dealt with in any other way. This does not mean that persons under 16 years of age cannot be sentenced to imprisonment where the circumstances of the offence and the offender make imprisonment appropriate and deserved.\u00a0 It does mean however that where loss of liberty is ordered this loss of liberty will be in the form of detention in a training centre, detention centre, or a rehabilitation centre, as those places are directed towards long term reform and rehabilitation. Where a person under 16 years of age is sent to prison they must be kept separate from adult prisoners.<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" [et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Legal proceedings against a child” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”] V. Legal proceedings against a child [\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] Whilst the Convention defines a child as a person who has not attained 18 years of age, criminal offences committed by […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" Adoption is a legal process by which parental rights and responsibilities over a child are transferred from the birth parents to the adoptive parents. An adoption in Hong Kong must be effected in accordance with the Adoption Ordinance , Cap. 290<\/a> , Laws of Hong Kong. The guiding principle in the adoption process is the \u201cbest interests of the child\u201d ( section 8<\/a> of the Adoption Ordinance<\/a> ).<\/p> Local adoption service in Hong Kong is provided by the Adoption Unit of the Social Welfare Department and three non-governmental organizations, as Accredited Bodies:<\/p> The statutory requirements concerning the accreditation system in respect of local adoption in the HKSAR are set out in sections 26<\/a> , 26A<\/a> and 26B<\/a> of the Adoption Ordinance<\/a> .<\/p>","_et_gb_content_width":"","footnotes":""},"categories":[25,31,29],"tags":[],"class_list":["post-444","post","type-post","status-publish","format-standard","hentry","category-child-and-youth-affairs","category-childrens-protection-and-welfare","category-topics"],"yoast_head":"\nA. Criminal Liability<\/h2>\n
B. The Juvenile Court<\/h2>\n