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Severe penalties are imposed upon those who bring drugs into Hong Kong, particularly where they are brought in for sale or transfer to others. The maximum punishment is life imprisonment. Prison sentences can be expected even for relatively small amounts of drug. Young age and a previous clear record will count for very little, particularly where the trafficking involves a commercial element.<\/p>\n
As an example of likely sentences, a person who traffics between 10 to 50 grammes of ketamine can expect a prison sentence of between 4 to 6 years upon conviction after trial. A person who traffics between 300 to 600 grammes can expect a prison sentence of between 9 to 12 years imprisonment upon conviction after trial.<\/p>\n
There will normally be a one-third discount in the term of imprisonment if the defendant pleads guilty. Where a defendant is young a Training Centre, Rehabilitation Centre or Detention Centre order could be made depending upon the nature, quantity and value of the drugs and the defendant\u2019s suitability for one or other of those orders. However the courts have made it clear that youth and\/or a clear record will not normally shelter a young offender from imprisonment for trafficking in drugs. This is because of the danger that organised drug traffickers will use young persons to bring drugs into Hong Kong unless appropriately severe sentences are imposed.<\/p>\n
For more details, please go to\u00a0Child and Youth Affairs > Crimes commonly committed by young people > Drug cases > B. Trafficking in dangerous drugs<\/a>.<\/p>\n If you know that the other person would not have consented your accessing of his\/her email\/Facebook account, you commit the offence of \u201cunauthorized access to a computer by telecommunications\u201d contrary to\u00a0section 27A<\/a>\u00a0of the\u00a0Telecommunications Ordinance<\/a>\u00a0(\u00a0Chapter 106<\/a>\u00a0). The maximum penalty for the offence is a fine of $20,000. You may also commit the offence of \u201caccessing to computer with criminal or dishonest intent\u201d contrary to\u00a0section 161(1)(c)<\/a>\u00a0of the\u00a0Crimes Ordinance<\/a>\u00a0(Cap. 200<\/a>) with you accessed the computer with a view to dishonest gain for yourself or another, or with a dishonest intent to cause loss to another. The maximum penalty for the offence is 5 years\u2019 imprisonment.<\/p>\n To know more about these two offences, please visit\u00a0Child and Youth Affairs > Crimes commonly committed by young people > Intellectual property offences and crimes on the Internet<\/a>.<\/p>\n You have committed the offence of \u201cunlawful sexual intercourse with a girl under 16\u201d contrary to\u00a0section 124<\/a>\u00a0of the\u00a0Crimes Ordinance<\/a>\u00a0(\u00a0Chapter 200<\/a>\u00a0). The maximum penalty for the offence is 5 years imprisonment.<\/p>\n Once it is proved that you had sexual intercourse with the girl and she was under 16 years of age at that time, you are guilty of the offence. The girl\u2019s factual consent is irrelevant because she is under 16. Your belief that she was 17 is similarly irrelevant. The offence is having sexual intercourse with a girl under 16 years of age and that is what you have done.<\/p>\n For more about the offence, please visit\u00a0Child and Youth Affairs > Crimes commonly committed by young people > Unlawful sexual activities > B. Unlawful sexual intercourse with a girl under 16 years\u2019 of age<\/a>.<\/p>\n Under the provisions of the\u00a0Rehabilitation of Offenders Ordinance<\/a>\u00a0(“RHO”) (Cap. 297<\/a>), a person\u2019s first-time conviction record for a relatively minor offence can be spent (i.e. can practically be ignored, subject to some exceptions, after three years. Subject to certain exceptions, Subject to certain exceptions, the conviction of a person who is not sentenced to imprisonment exceeding three months, whether that sentence takes effect immediately or is suspended, or to a fine exceeding $10,000, and who has not previously been convicted in Hong Kong of any offence will be treated as spent once three years has elapsed without another conviction for an offence in Hong Kong.<\/p>\n When a conviction has become “spent” under the\u00a0RHO<\/a>, offenders can, subject to exceptions set out in the\u00a0RHO<\/a>, claim not to have a criminal record, and the spent conviction cannot be held against them.<\/p>\n For more about criminal records and Rehabilitation of Offenders Ordinance, please visit the YouthCLIC website:\u00a0YouthCLIC > Topics > Our Legal System > Criminal records and the Rehabilitation of Offenders Ordinance<\/a>.<\/p>\n According to\u00a0section 3A<\/a>\u00a0of the\u00a0Juvenile Offenders Ordinance<\/a>\u00a0, the juvenile court consists of a permanent magistrate, and has the jurisdiction to hear and determine any charge against a \u201cchild\u201d or \u201cyoung person\u201d of any offence other than homicide.<\/p>\n \u201cChild\u201d is defined as a person under 14 years of age. \u201cYoung person\u201d is defined as a person aged 14 years and under the age of 16 years. It should also be noted that no child under the age of 10 can be guilty of a criminal offence. However they may be subject to care and protection proceedings as pursuant to the\u00a0Protection of Women and Juveniles Ordinance<\/a>\u00a0(\u00a0Chapter 213<\/a>\u00a0).<\/p>\n The major differences between an adult court and a juvenile court include:<\/p>\n For more about juvenile court, please visit the YouthCLIC website:\u00a0YouthCLIC > Topics > Our Legal System > Juvenile Court<\/a>.<\/p>\n Detention Centre Order, Training Centre Order and Rehabilitation Centre Order are alternatives to imprisonment.<\/p>\n Detention Centre Orders are for male offenders only from the age of 14 to 24. Emphasis is placed on hard physical labour and discipline in order to administer a short sharp shock on the offender so that he will not re-offend again. The period of detention will be decided by the Commissioner of Correctional Services, who will consider the conduct of the offender during detention. For offenders aged between 14 and 20, the minimum period of detention is one month and the maximum is 6 months. For offenders aged between 21 and 24, the period of detention is from three months to 12 months.<\/p>\n Training centres emphasises on rehabilitation, and offenders are trained in a trade. They are suitable for both male and female offenders aged from 14 to 20. \u00a0The period of detention will be decided by the Commissioner of Correctional Services, who will consider the conduct of the offender during detention. The minimum period of detention is six months and the maximum is three years.<\/p>\n Rehabilitation Centre Orders are suitable for both male and female offenders aged 14 to 20. The objectives are to deter further criminal conduct and to rehabilitate detainees in terms of socially acceptable behaviour. The offenders will first be detained full time at a rehabilitation centre for a period between two months and five months, to be determined by the Commissioner of Correctional Services by considering the conduct and progress of the offenders. Then they will be subjected to a period of residence at another rehabilitation centre when they may be permitted to go out during certain hours to study, work or do other approved activities. The period of residence is between one month and four months, to be determined by the Commissioner of Correctional Services by considering the needs and progress of the offenders.<\/p>\n Upon release from detention centres\/ training centres\/ rehabilitation centres, the offenders may be subjected to supervision for a period of time when they need to obey certain requirements. Failure to comply with the supervision requirements may result in the offenders being sent back to the respective centres.<\/p>\n For more details about different punishment and sentencing options imposed by courts, please visit the YouthCLIC website:\u00a0YouthCLIC > Topics > Our Legal System > Punishment and sentencing options<\/a>.<\/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=”FAQ” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”] FAQ [\/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″] 1. What are the possible penalties for bringing dangerous drugs to Hong Kong? Severe penalties are imposed upon those who bring drugs into Hong Kong, particularly where they are brought […]<\/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":[25,32,29],"tags":[],"class_list":["post-514","post","type-post","status-publish","format-standard","hentry","category-child-and-youth-affairs","category-crimes-commonly-committed-by-young-people","category-topics"],"yoast_head":"\n2. Have I committed any offences by accessing another\u2019s emails\/Facebook without permission?<\/h3>\n
3. A girl claimed that she was 17 years old. I genuinely believed her and had sexual intercourse with her. In fact, her actual age was 15. Have I committed any offence?<\/h3>\n
4. Under what circumstances my conviction can be \u201cspent\u201d?<\/h3>\n
5. What is a juvenile court? What are the differences between a juvenile court and an adult court?<\/h3>\n
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6. What are Detention Centre Order, Training Centre Order and Rehabilitation Centre Order?<\/h3>\n