Cap 226 - JUVENILE OFFENDERS ORDINANCE 1

Chapter: 226 JUVENILE OFFENDERS ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To make provision for juvenile courts and juveniles.
(Amended 15 of 1973 s. 2)


[20 November 1933] Proc. No. 6 of 1933


(Originally 1 of 1932 (Cap 226 1950))

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Juvenile Offenders Ordinance.

Section: 2 Interpretation 30/06/1997


(1) In this Ordinance, unless the context otherwise requires-
"child" (兒童) 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 14 years;
"detention order" (拘留令) means an order of detention under section 14(1); (Added 11 of 1977 s. 2)
"guardian" (監護人), 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;

"Panel" (小組) means the Juvenile Courts Advisory Panel appointed under section 3B(2); (Added 15 of 1973 s. 3)
"place of detention" (拘留地方) means a place of detention appointed under section 16; (Added 15 of 1973 s. 3)
"recall order" (召回令) means an order made under section 14B(1) requiring a child or young person to return to a

place of detention; (Added 11 of 1977 s. 2)
"supervision order" (監管令) means an order for supervision made under section 14A(1); (Added 11 of 1977 s. 2)
"young person" (少年人) means a person who is, in the opinion of the court having cognizance of any case in relation

to such person, 14 years of age or upwards and under the age of 16 years.
(Amended 8 of 1960 s. 2) [cf. 1908 c. 67 s. 131 U.K.]

(2) References in this Ordinance to a finding of guilty shall be construed as including references to a plea of
guilty and an admission that an offence has been committed. (Added 15 of 1973 s. 3) [cf. 1933 c. 12 s. 107(2) U.K.]

Section: 3 Age of criminal responsibility L.N. 109 of 2003 01/07/2003


It shall be conclusively presumed that no child under the age of 10 years can be guilty of an offence.
(Replaced 15 of 1973 s. 4. Amended 6 of 2003 s. 2)

[cf. 1933 c. 12 s. 50 U.K.]

Section: 3A Juvenile courts 30/06/1997


(1) Courts constituted in accordance with this section and sitting for the purpose of hearing any charge against
a child or young person or for the purpose of exercising any other jurisdiction conferred on juvenile courts by or under
this or any other Ordinance shall be known as juvenile courts.

(2) A juvenile court shall consist of a permanent magistrate appointed by the Chief Justice.
(3) A juvenile court shall have jurisdiction to hear and determine a charge against a child or young person of

any offence other than homicide.
(4) A juvenile court shall have all the powers of a permanent magistrate and, subject to this Ordinance, the

Magistrates Ordinance (Cap 227) shall apply to proceedings before a juvenile court as it applies to proceedings before
a magistrate.



Cap 226 - JUVENILE OFFENDERS ORDINANCE 2

(Added 15 of 1973 s. 4)
[cf. 1933 c. 12 s. 45 U.K.)


Section: 3B Juvenile court may take advice as to method of dealing

with juvenile
30/06/1997



(1) A juvenile court may, in determining the method of dealing with a child or young person who has been
found guilty of any offence, take the advice of 2 persons selected by the court from the Panel.

(2) For the purposes of subsection (1), the Chief Justice may, after consultation with the Secretary for Home
Affairs, appoint a panel of persons, which shall be known as the Juvenile Courts Advisory Panel.

(3) Notice of the appointment of any person to the Panel shall be published in the Gazette.
(Added 15 of 1973 s. 4)


Section: 3C Assignment of certain matters to juvenile courts 30/06/1997


(1) Subject as hereinafter provided, no charge against a child or young person shall be heard by a court of
summary jurisdiction which is not a juvenile court.

(2) Notwithstanding subsection (1)-
(a) a charge made jointly against a child or young person and a person who has attained the age of 16

years shall be heard by a court of summary jurisdiction other than a juvenile court;
(aa) a court of summary jurisdiction other than a juvenile court may hear a charge against a child or young

person if he is charged-
(i) with aiding, abetting, causing, procuring, allowing or permitting an offence with which a person

who has attained the age of 16 years is charged at the same time; or
(ii) with an offence arising out of circumstances which are the same as or connected with those

giving rise to an offence with which a person who has attained the age of 16 years is charged at
the same time; (Added 13 of 1995 s. 48)

(b) where a child or young person is charged with an offence, the charge may be heard by a court of
summary jurisdiction which is not a juvenile court if a person who has attained the age of 16 years is
charged at the same time with aiding, abetting, causing, procuring, allowing or permitting that offence;
and

(c) where, in the course of any proceedings before any court of summary jurisdiction other than a juvenile
court, it appears that the person to whom the proceedings relate is a child or young person, nothing in
this subsection shall be construed as preventing the court, if it thinks fit so to do, from proceeding with
the hearing and determination of those proceedings.

(3) No direction, whether contained in this or any other Ordinance, that a charge shall be brought before a
juvenile court shall be construed as restricting the powers of any judge, District Judge or magistrate to entertain an
application for bail or for a remand, and to hear such evidence as may be necessary for that purpose.

(Added 15 of 1973 s. 4)
[cf. 1933 c. 12 s. 46 U.K.]


Section: 3D Procedure in juvenile courts 30/06/1997


(1) Juvenile courts shall sit as often as may be necessary for the purpose of exercising any jurisdiction
conferred on them by this or any other Ordinance.

(2) A juvenile court shall not sit in a room in which sittings of a court other than a juvenile court are held if a
sitting of that other court has been or will be held within an hour before or after the sitting of the juvenile court.

(3) No person shall be present at any sitting of a juvenile court except-
(a) officers of the court;
(b) parties to the case before the court, their solicitors and counsel, and witnesses and other persons

directly concerned in that case;
(c) bona fide representatives of newspapers or news agencies;
(d) such other persons as the court may specially authorize to be present.

(4) Notwithstanding subsection (3)(c) a juvenile court may exclude any representative of a newspaper or news
agency from any sitting thereof if it considers it is necessary to do so in the interests of the child or young person in



Cap 226 - JUVENILE OFFENDERS ORDINANCE 3

question. (Amended 68 of 1995 s. 11)
(Added 15 of 1973 s. 4)

[cf. 1933 c. 12 ss. 47 & 49 U.K.]

Section: 3E Miscellaneous provisions as to powers of juvenile courts 30/06/1997


(1) A juvenile court sitting for the purpose of hearing a charge against a person who is believed to be a child or
young person may proceed with the hearing and determination of the charge notwithstanding that it is discovered that
the person in question is not a child or young person.

(2) The attainment of the age of 16 years by a person-
(a) under supervision by virtue of a probation order made under the Probation of Offenders Ordinance

(Cap 298); or
(b) in whose case an order for conditional discharge has been made,

shall not deprive a juvenile court of jurisdiction to-
(i) enforce his attendance and deal with him for any contravention of the requirements of the probation

order or for the commission of a further offence; or
(ii) amend or discharge the probation order.

(3) When a juvenile court has remanded a child or young person for information to be obtained about him, any
juvenile court may-

(a) in his absence extend the period for which he is remanded, so, however, that he appears before a court
at least once in every 21 days; and

(b) when the required information has been obtained, deal with him finally.
(Added 15 of 1973 s. 4)

[cf. 1933 c. 12 s. 48 U.K.]

Section: 3F Power of other courts to remit juvenile offenders to

juvenile courts
30/06/1997



(1) If a child or young person is found guilty of an offence other than homicide by any court other than a
juvenile court, the court shall, unless satisfied that it would be undesirable to do so, remit the case to a juvenile court;
and where any such case is so remitted the offender shall be brought before the juvenile court accordingly, and that
court may deal with him in any way in which it might have dealt with him if he had been tried and found guilty by that
court.

(2) Where any case is so remitted-
(a) the offender shall have the same right of appeal against any order of the juvenile court to which the

case is remitted as if he had been found guilty by that court, but shall have no right of appeal against
the order of remission; and

(b) any appeal against the finding of guilt shall be made in accordance with the provisions for appeal
against the finding of the remitting court and the time within which such appeal shall be made shall run
from the date of the final order of the juvenile court to which the case was remitted.

(3) A court by which an order remitting a case to a juvenile court is made under this section may give such
directions as appear to be necessary for the custody of the offender or for his release on bail until he can be brought
before the juvenile court, and shall cause to be transmitted to the juvenile court a certificate setting out the nature of
the offence and stating that the offender has been found guilty thereof, and that the case has been remitted for the
purpose of being dealt with under this section.

(Added 15 of 1973 s. 4)
[cf. 1933 c. 12 s. 56 U.K.]


Section: 4 Bail of children and young persons arrested 30/06/1997


Where a person apparently under the age of 16 years is apprehended, with or without warrant, and cannot be
brought forthwith before a juvenile court, an inspector of police, or other police officer of equal or superior rank, or
the officer in charge of the police station to which such person is brought, shall inquire into the case, and may in any
case, and-

(a) unless the charge is one of homicide or other grave crime; or



Cap 226 - JUVENILE OFFENDERS ORDINANCE 4

(b) unless it is necessary in the interest of such person to remove him from association with any
undesirable person; or

(c) unless the officer has reason to believe that the release of such person would defeat the ends of justice,
shall release such person on a recognizance, with or without securities, for such amount as will, in the opinion of the
officer, secure the attendance of such person upon the hearing of the charge, such recognizance being entered into by
him or by his parent or guardian or other responsible person.

[cf. 1908 c. 67 s. 94 U.K.]

Section: 5 Custody of children and young persons not released on bail

after arrest
30/06/1997



Where a person apparently under the age of 16 years having been apprehended is not so released as aforesaid,
the officer in charge of the police station to which such person is brought shall cause him to be detained in a place of
detention until he can be brought before a juvenile court unless the officer certifies-

(a) that it is impracticable to do so; or
(b) that he is of so unruly or depraved a character that he cannot be safely so detained; or
(c) that by reason of his state of health or of his mental or bodily condition it is inadvisable so to detain

him,
and the certificate shall be produced to the court before which the person is brought.

(Amended 15 of 1973 s. 5)
[cf. 1908 c. 67 s. 95 U.K.]


Section: 6 Separation of children and young persons in police

stations, courts, etc.
30/06/1997



(1) No child or young person while-
(a) detained in a police station;
(b) being conveyed to or from any criminal court; or
(c) waiting before or after attendance in any criminal
court,

shall be permitted to associate with an adult (not being a relative) who is charged with any offence other than an
offence with which the child or young person is jointly charged.

(2) Any girl (being a child or young person) shall, while so detained, being conveyed or waiting, be under the
care of a female.

(Replaced 15 of 1973 s. 6)
[cf. 1933 c. 12 s. 31 U.K.]


Section: 7 Remand or committal to custody in a place of detention 30/06/1997


(1) A court on remanding or committing for trial a child or young person who is not released on bail shall
commit him to custody-

(a) in the case of a child, in a place of detention;
(b) in the case of a young person, in a place of detention or a training centre established under the Training

Centres Ordinance (Cap 280). (Replaced 15 of 1973 s. 7)
(2) A commitment under this section may be varied, or, in the case of a young person who proves to be of so

unruly a character that he cannot be safely detained in such custody, or to be of so depraved a character that he is not a
fit person to be so detained, revoked by any court, and if it is revoked the young person may be committed to prison.

[cf. 1908 c. 67 s. 97 U.K.]

Section: 8 Procedure in juvenile courts 30/06/1997


(1) Where a child or young person is brought before a juvenile court for any offence it shall be the duty of the
court as soon as possible to explain to him in simple language the substance of the alleged offence.

(2) If the court is satisfied that the child or young person understands the nature of the alleged offence it shall



Cap 226 - JUVENILE OFFENDERS ORDINANCE 5

(unless the alleged offence is homicide) ask the child or young person whether he admits the offence.
(3) If the court is not satisfied that the child or young person understands the nature of the alleged offence, or if

the child or young person does not admit the offence the court shall then hear the evidence of the witnesses in support
of the complaint or information. At the close of the evidence in chief of each such witness, the court shall ask the child
or young person, or, if it sees fit, the parent or guardian of the child or young person, whether he wishes to put any
questions to the witness. If the child or young person instead of asking questions wishes to make a statement he shall
be allowed to do so.

(4) If it appears to the court that a prima facie case is made out, the evidence of any witnesses for the defence
shall be heard, and the child or young person shall be allowed to give evidence. (Amended 34 of 1972 s. 22)

(5) The court may, for the purpose of assisting the child or young person in his defence, put to such child or
young person such questions as it may think necessary. (Amended 34 of 1972 s. 22)

(6) It shall be the duty of the court to put to the witnesses such questions as appear to be necessary in the
interests of the child or young person.

(7) Where-
(a) the child or young person admits the offence or the court is satisfied that it is proved; or
(b) the case of a child or young person is remitted to the court under section 3F,

the child or young person shall be asked if he desires to say anything in extenuation or mitigation of the penalty or
otherwise. (Replaced 15 of 1973 s. 8)

(8) Before deciding how to deal with the child or young person the court shall obtain such information as may
be readily available as to his general conduct, home surroundings, school record, and medical history, in order to
enable it to deal with the case in the best interests of the child or young person, and may put to him any question
arising out of such information. For the purpose of obtaining such information or for special medical examination or
observation or for the purpose of considering how to deal with the case in the best interests of the child or young
person the court may from time to time remand the child or young person on bail or to a place of detention.

(9) If the child or young person admits the offence or the court is satisfied that it is proved, and the court
decides that a remand is necessary for purposes of inquiry or observation, the court may cause an entry to be made in
the court register that the charge is proved and that the child or young person has been remanded. The court before
which a child or young person so remanded is brought may without further proof of the commission of the offence
make any order in respect of the child or young person which could have been made by the court which so remanded
the child or young person.

(Amended 15 of 1973 s. 8)

Section: 9 Attendance at court of parent of child or young person

charged with an offence, etc.
30/06/1997



(1) Subject to subsection (1A), where a child or young person is charged with any offence or is brought before
a court under the provisions of this or any other Ordinance, his parent or guardian shall, unless the court otherwise
orders, attend before the court during all stages of the proceedings; and the court may compel the attendance of the
parent or guardian as if he were required as a witness in the proceedings. (Replaced 15 of 1973 s. 9)

(1A) If it appears to a court to be necessary to do so in the interest of a child or young person, the court may
require his parent or guardian to withdraw from the court. (Added 15 of 1973 s. 9)

(2) Where a child or young person is arrested, the police officer by whom he is arrested or the officer in charge
of the police station to which he is brought shall, if the parent or guardian lives within a reasonable distance and can
be found, cause him to be warned to attend at the court before which the child or young person will be brought.

[cf. 1933 c. 12 s. 34 U.K.]

Section: 10 Power to order parent to pay fine, etc. instead of child or

young person
30/06/1997



(1) Where a child or young person is charged before any court with any offence for the commission of which a
fine, damages or costs may be imposed, and the court is of opinion that the case would be best met by the imposition
of a fine, damages, or costs, whether with or without any other punishment, the court may in any case, and shall if the
offender is a child, order that the fine, damages, or costs awarded be paid by the parent or guardian of the child or
young person instead of by the child or young person, unless the court is satisfied that the parent or guardian cannot be
found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the child or



Cap 226 - JUVENILE OFFENDERS ORDINANCE 6

young person.
(2) Where a child or young person is charged with any offence, the court may order his parent or guardian to

give security for his good behaviour.
(3) Where a court thinks that a charge against a child or young person is proved, the court may make an order

on the parent or guardian under this section for the payment of a fine, damages, or costs or requiring him to give
security for good behaviour, without proceeding to the conviction of the child or young person.

(4) No order shall be made under this section unless the parent or guardian has been given opportunity of being
heard. (Replaced 15 of 1973 s. 10)

(5) Any sums imposed and ordered to be paid by a parent or guardian under this section or on forfeiture of any
such security as aforesaid, may be recovered from him by distress or imprisonment in like manner as if the order had
been made on the conviction of the parent or guardian of the offence with which the child or young person was
charged.

(6) A parent or guardian may appeal against an order of a juvenile court under this section in manner prescribed
by Part VII of the Magistrates Ordinance (Cap 227), the provisions of which Part shall apply to any such appeal.

[cf. 1908 c. 67 s. 99 U.K.]

Section: 11 Restrictions on punishment of children and young persons 30/06/1997


(1) No child shall be sentenced to imprisonment or committed to prison in default of payment of a fine,
damages, or costs.

(2) No young person shall be sentenced to imprisonment if he can be suitably dealt with in any other way.
(Amended 15 of 1973 s. 11)

(3) A young person sentenced to imprisonment shall not be allowed to associate with adult prisoners.
(4) (Repealed 50 of 1991 s. 4)

[cf. 1908 c. 67 s. 102 U.K.]

Section: 12 Detention in case of certain crimes committed by children

or young persons
15 of 1999 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


Notwithstanding anything in this Ordinance to the contrary, when a child is convicted on indictment of
manslaughter or where a young person is convicted on indictment of an attempt to murder, or of manslaughter, or of
wounding with intent to do grievous bodily harm, the court may sentence the offender to be detained for such period
as may be specified in the sentence; and where such a sentence is passed the child or young person shall, during that
period, notwithstanding anything in the provisions of this Ordinance, be liable to be detained in such place and on
such conditions as the Chief Executive may direct, and whilst so detained shall be deemed to be in legal custody.

(Amended 15 of 1999 s. 3)
[cf. 1908 c. 67 s. 104 U.K.]


Section: 13 Provisions as to discharge of children or young persons

detained in accordance with directions of the Chief
Executive

15 of 1999 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(1) A person in detention pursuant to the directions of the Chief Executive under section 12 may, at any time,
be discharged by the Chief Executive on licence.

(2) A licence may be in such form and may contain such conditions as the Chief Executive may direct.
(3) A licence may at any time be revoked or varied by the Chief Executive and where a licence has been

revoked the person to whom the licence related shall return to such place as the Chief Executive may direct, and if he
fails to do so may be apprehended without warrant and taken to that place.

(Amended 15 of 1999 s. 3)



Cap 226 - JUVENILE OFFENDERS ORDINANCE 7

[cf. 1908 c. 67 s. 105 U.K.]

Section: 14 Detention in place of detention 30/06/1997


(1) Where a child or young person-
(a) is found guilty of an offence punishable in the case of an adult with imprisonment; or
(b) would be liable if he were an adult to be imprisoned in default of payment of any fine, damages or

costs,
and the court considers that no other method in which the case may be dealt with is suitable, the court may order that
he be detained in a place of detention.

(2) A child or young person ordered to be detained in a place of detention shall be so detained for such period
not exceeding 6 months from the date of such order as the Director of Social Welfare may determine:

Provided that the period of detention shall not exceed the maximum term of imprisonment to which the child or
young person would have been liable, if he were an adult, for the offence of which he was found guilty or in default of
payment of the fine, damages or costs, as the case may be.

(Replaced 15 of 1973 s. 12)

Section: 14A Supervision order 30/06/1997


(1) The Director of Social Welfare may make a supervision order against a child or young person who is
released from a place of detention after having been detained for less than 6 months under a detention order.

(2) A supervision order shall contain conditions that-
(a) for a period from the date of his release until the expiration of 6 months from the date of the detention

order, the child or young person shall be subject to supervision by such organization or person as may
be specified therein; and

(b) the child or young person shall, while under such supervision, comply with such requirements,
including requirements as to residence, as may be specified therein.

(3) The Director of Social Welfare may at any time vary or cancel a supervision order.
(Added 11 of 1977 s. 3)


Section: 14B Recall order 30/06/1997


(1) The Director of Social Welfare may, if he is satisfied that a child or young person against whom a
supervision order is in force has failed to comply with any condition or requirement of or made under the order, make
a recall order against such child or young person requiring him to return to a place of detention, and thereupon such
child or young person may be arrested and taken to a place of detention.

(2) A child or young person who has returned or been taken to a place of detention under subsection (1) may be
detained until the expiration of 6 months from the date of the detention order.

(3) The Director of Social Welfare may at any time release any such child or young person, and a further
supervision order shall not be made in respect of such child or young person.

(Added 11 of 1977 s. 3)

Section: 14C Meaning of "young person" (少年人) in sections 14A and

14B
30/06/1997



For the purposes of sections 14A and 14B, "young person" (少年人) includes a person who attains the age of 16
years during the period of 6 months after the date of the detention order.

(Added 11 of 1977 s. 3)

Section: 15 Methods of dealing with children or young persons

charged with offences
L.N. 74 of 2002 11/07/2002



(1) Where a child or young person charged with any offence is tried by any court, and the court is satisfied of
his guilt the court shall take into consideration the manner in which, under the provisions of this or any other



Cap 226 - JUVENILE OFFENDERS ORDINANCE 8

Ordinance or law enabling the court to deal with the case, the case should be dealt with, and subject to such
provisions, may deal with the case in any of the following manners or a combination thereof, namely- (Amended 66
of 1967 s. 2)

(a) by dismissing the charge;
(b) by discharging the offender on his entering into a recognizance;
(c) by dealing with the offender under the provisions of the Probation of Offenders Ordinance (Cap 298);

(Replaced 8 of 1960 s. 3)
(d) by dealing with the offender under section 96(b) of the Magistrates Ordinance (Cap 227); (Replaced

15 of 1973 s. 13)
(e) if the offender is in need of care and protection, by dealing with him under section 34 of the Protection

of Women and Juveniles Ordinance (Cap 213); (Replaced 15 of 1973 s. 13)
(f) by sending the offender to a reformatory school;
(g) (Repealed 13 of 1995 s. 2)
(h) by ordering the offender to pay a fine, damages, or costs;
(i) by ordering the parent or guardian of the offender to pay a fine, damages, or costs;
(j) by ordering the parent or guardian of the offender to give security for his good behaviour;
(k) by committing the offender to custody in a place of detention; (Amended 15 of 1973 s. 13)
(l) where the offender is a young person, by sentencing him to imprisonment or to detention in a training

centre established under the Training Centres Ordinance (Cap 280) or to detention in a rehabilitation
centre within the meaning of the Rehabilitation Centres Ordinance (Cap 567); (Amended 15 of 1973 s.
13; 11 of 2001 s. 15)

(m) where the offender is a male person, by dealing with him under the provisions of the Detention Centres
Ordinance (Cap 239) (Added 15 of 1973 s. 13)

(n) by dealing with the case in any other manner in which it may be legally dealt with:
Provided that nothing in this section shall be construed as authorizing the court to deal with any case in any

manner in which it could not deal with the case apart from this section.
(2) Damages which may be ordered under subsection (1)(h) or (i) shall be by way of compensation for-

(a) personal injury;
(b) loss of or damage to property; or
(c) both such injury and loss or damage,

as the court thinks reasonable; but in the case of an order made by a magistrate's court, the compensation shall not
exceed $5000. (Added 48 of 1972 s. 4)

[cf. 1908 c. 67 s. 107 U.K.]

Section: 16 Provision of places of detention 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(1) The Chief Executive may by order- (Amended 15 of 1999 s. 3)
(a) appoint any place to be a place of detention for the purposes of this Ordinance;
(b) declare that any place of detention shall be used only for such of the purposes for which places of

detention are provided as may be specified in the order. (Replaced 15 of 1973 s. 14)
(2)-(3) (Repealed 15 of 1973 s. 14)
(4) In selecting the place of detention to which a child or young person is to be committed the court or police

officer shall have regard to whether the place is suitable for the reception of convicted or of unconvicted persons, or of
persons charged with serious offences or minor offences, as the case may be, and also, where practicable, to the
religious persuasion of the child or young person.

(5) A child or young person detained in a place of detention may be, by order of the Chief Executive, either
discharged therefrom or transferred to some other place of detention. (Amended 15 of 1999 s. 3)

[cf. 1908 c. 67 s. 108 U.K.]




Cap 226 - JUVENILE OFFENDERS ORDINANCE 9

Section: 17 Provisions as to the custody of children and young persons
in places of detention

15 of 1999 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(1) The order or judgment in pursuance of which a child or young person is committed to custody in a place of
detention shall be delivered with the child or young person to the person in charge of the place of detention and shall
be sufficient authority for his detention in that place in accordance with the tenor thereof.

(2) A child or young person whilst so detained and whilst being conveyed to and from the place of detention
shall be deemed to be in legal custody and if he escapes may be apprehended without warrant and brought back to the
place of detention in which he was detained.

(3) The Chief Executive shall cause places of detention to be inspected, and may make rules as to the places to
be used as places of detention, and as to their inspection, and as to the classification, treatment, employment, and
control of children and young persons detained in custody in a place of detention, and for the children and young
persons whilst so detained being visited from time to time by persons appointed in accordance with those rules.
(Amended 15 of 1999 s. 3)

(Amended 15 of 1973 s. 15)
[cf. 1908 c. 67 s. 109 U.K.]


Section: 18 Expenses of maintenance of child or young person 30/06/1997


The expenses incurred by the Government in respect of any place of detention, including the expenses of the
maintenance of any child or young person detained therein, whether detained on apprehension or committed to
custody on remand or commitment for trial or in lieu of imprisonment or in default of payment of a fine, damages, or
costs, shall be defrayed out of the general revenue.

(Amended 15 of 1973 s. 16)
[cf. 1908 c. 67 s. 110 U.K.]


Section: 19 Order not to be invalidated by subsequent proof of age 30/06/1997


Where a person, whether charged with an offence or not, is brought before any court and it appears to the court,
after considering any available evidence as to his age, that he is a child or young person, an order or judgment of the
court shall not be invalidated by any subsequent proof that the age of that person has not been correctly stated to or
presumed or declared by the court, and the age presumed or declared by the court to be the age of the person so
brought before it shall, for the purposes of this Ordinance, be deemed to be the true age of that person, and where it
appears to the court, after considering any available evidence as to his age, that the person so brought before it is of
the age of 16 years or upwards, that person shall for the purposes of this Ordinance be deemed not to be a child or
young person.

(Amended 33 of 1979 s. 2)
[cf. 1908 c. 67 s. 123 U.K.]


Section: 20 Power to clear court whilst a child or young person is

giving evidence in certain cases
30/06/1997



In addition and without prejudice to any powers which a court may possess to hear proceedings in camera the
court may, where a person who in the opinion of the court is a child or young person is called as a witness in any
proceedings in relation to an offence against, or any conduct contrary to, decency or morality, direct that all or any
persons, not being members or officers of the court or parties to the case, their counsel or solicitors, or persons
otherwise directly concerned in the case, be excluded from the court during the taking of the evidence of the child or
young person:

Provided that nothing in this section shall authorize the exclusion of bona fide representatives of a newspaper or
news agency.

[cf. 1908 c. 67 s. 114 U.K.]



Cap 226 - JUVENILE OFFENDERS ORDINANCE 10


Section: 20A Restriction on reports of proceedings in juvenile courts

and power of other courts to prohibit certain reports
L.N. 362 of 1997 01/07/1997



(1) Subject to subsection (2) no person shall-
(a) publish a written report or broadcast a report of any proceedings in a juvenile court or on appeal from a

juvenile court-
(i) revealing the name, address or school; or
(ii) including any particulars calculated to lead to the identification,
of any child or young person concerned in the proceedings, either as being the person against or in
respect of whom the proceedings are taken or as being a witness therein; or

(b) publish in a written report any picture or broadcast any picture as being or including a picture of any
child or young person so concerned in any such proceedings.

(2) The court may, if satisfied that it is in the interests of justice so to do, by order dispense with the
requirements of subsection (1) to such extent as may be specified in the order.

(3) In any proceedings in any court, other than proceedings to which subsection (1) applies, the court may
direct that, except in so far as the court may otherwise permit, no person shall publish any of the matters specified in
subsection (1) in respect of the proceedings before it. [cf. 1933 c. 12 s. 39(1) U.K.]

(4) If a report or picture is published or broadcast in contravention of subsection (1) or of a direction of a court
under subsection (3), the following persons-

(a) in the case of publication of a written report or picture as part of a newspaper or periodical publication,
any proprietor, editor, publisher or distributor thereof;

(b) in the case of a publication of a written report or picture otherwise than as part of a newspaper or
periodical publication, the person who publishes or distributes it;

(c) in the case of a broadcast of a report or picture, any person who transmits or provides the programme
in which the report or picture is broadcast and any person having functions in relation to the
programme corresponding to those of the editor of a newspaper or periodical publication,

shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months.
(5) Proceedings for an offence under this section shall not be instituted except with the consent of the Secretary

for Justice. (Amended L.N. 362 of 1997)
(6) Subsections (1) and (3) shall be in addition to, and not in derogation from, the provisions of any other

Ordinance with respect to the publication of reports of judicial proceedings.
(7) In this section-

"broadcast" (廣播) means sounds or visual images broadcast by wireless telegraphy or by means of a high frequency
distribution system over wire or other paths provided by a material substance and intended for general reception;

"publish" (發表), in relation to a report, means publish the report, either by itself or as part of a newspaper or
periodical, for distribution to the public.

(Added 15 of 1973 s. 17)
[cf. 1933 c. 12 s. 49 U.K.]


Section: 21 Power to make rules 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


The Chief Executive in Council may make rules, as from time to time appear to him to be necessary, providing
for the proper carrying into effect of the purposes of this Ordinance.

(Replaced 8 of 1960 s. 4. Amended 15 of 1999 s. 3)

Section: 22 Saving 30/06/1997


Save in so far as other provision is expressly made in this Ordinance nothing in this Ordinance shall be deemed
to affect any other law relating to children or young persons.




Cap 226 - JUVENILE OFFENDERS ORDINANCE 11

Section: 23 Transitional provisions L.N. 109 of 2003 01/07/2003


As from the commencement* of the Juvenile Offenders (Amendment) Ordinance 2003 (6 of 2003), no
proceedings shall lie against a child in respect of an offence committed by him before that commencement* if at the
time the offence was committed the child was of an age that, had the offence been committed after that
commencement*, he would not be liable to proceedings for that offence by virtue of section 3.

(Added 6 of 2003 s. 3)
______________________________________________________________________________
Note:
* Commencement date : 1 July 2003.