Cap. 225 《感化院條例》Reformatory Schools Ordinance

The Secretary for Labour and Welfare may, by order to be published in the Gazette, establish one or more reformatory schools for the reformation of youthful offenders. (Amended 80 of 1997 s. 10; L.N. 106 of 2002; L.N. 130 of 2007)

Every such order shall specify the premises in which the reformatory school to which it refers shall be established, and shall state whether the same shall be used for male or female offenders or both.

Every person so appointed and every judge of the High Court or District Court, member of the Executive or Legislative Council or magistrate may enter at all times any reformatory school, and may make such inquiries or examination therein as to him appears necessary, and also make such reports as are required by the Chief Executive. (Amended 32 of 1959 s. 3; 30 of 1977 s. 8; 17 of 1999 s. 3)

Any manager who at any time refuses admittance to any such visitor, or to any judge of the High Court or District Court, or to any member of the Executive or Legislative Council, or to any magistrate, or offers to him any hindrance or obstruction, shall be liable on summary conviction to a fine at level 1. (Amended 13 of 1966 Schedule; E.R. 4 of 2021)

When a youthful offender is convicted before any court of an offence punishable, in the case of an adult by a fine or by imprisonment, the court may, in lieu of any such sentence of fine or imprisonment, order such offender to be detained in a reformatory school; and such order shall take effect as a sentence of detention for a period of not less than 1 year and not more than 3 years, and in any case not longer than until such offender attains the age of 18 years, and the powers conferred under section 20A shall be exercisable upon the expiry of the said period of 1 year. (Replaced 32 of 1959 s. 4. Amended 66 of 1967 Schedule; 90 of 1988 s. 2)

Before a sentence of detention is passed, the court shall consider any report or representations made by or on behalf of the Director of Social Welfare on the youthful offender’s physical and mental condition and his suitability for such sentence; and for such purpose the court may remand the said offender in custody by order made under subsection (4). (Replaced 32 of 1959 s. 4)

An order of detention made in pursuance of this section may, if the court thinks fit, be made to take effect either immediately or at a later date specified therein, regard being had to the age or health of the youthful offender.

If—

the court may make an order committing him either to custody in any place to which he might be committed on remand or to the custody of a relative or other fit person or institution named by the court and he shall be kept in that custody accordingly until he is sent to a reformatory school in pursuance of the order of detention. (Amended 30 of 1977 s. 8)

It shall be the duty of the manager of a reformatory school to report to the Chief Executive immediately he considers it would be consistent with the welfare of a youthful offender for him to be discharged from the custody of the school.

(Repealed 6 of 2003 s. 5)

Subject to section 17(1), the Director of Social Welfare may discharge a youthful offender from the custody of any reformatory school.

The discharge of a youthful offender under subsection (1) may be on licence and the licence may be in such form and may be subject to such conditions as the Director thinks fit, and the Director may at any time revoke, or vary the conditions of, such licence.

When a licence has been revoked, the Director may direct that the youthful offender to whom it related shall report in person to such place as may be specified in the direction; and if he fails so to report he may be apprehended without warrant by a police officer and taken to that place.

Where a licence has been revoked and the youthful offender concerned is not discharged under subsection (1), any order made under section 26(1) shall revive and be in force during the period for which the youthful offender is detained.

The manager of a reformatory school may, if the youthful offender consents thereto and with the approval of the Chief Executive, bind any youthful offender detained under this Ordinance as an apprentice notwithstanding that his period of detention has not expired. (Amended 30 of 1977 s. 8; 17 of 1999 s. 3)

Any youthful offender who is bound as aforesaid and who absconds from the service of his master shall be liable to be arrested without warrant and brought before a court of competent jurisdiction and shall be liable to imprisonment for 3 months and may be ordered by the court to return to the place in which he was detained before his apprenticeship there to complete his period of detention: Provided that such youthful offender shall not be detained longer than until he attains the age of 18 years.

The manager of a reformatory school may grant any youthful offender leave of absence from the reformatory school for such periods as may be prescribed.

A youthful offender granted leave of absence shall reside during his leave at the address directed by the manager. Any youthful offender who contravenes the provisions of this subsection shall be liable to be punished in the manner prescribed by the rules of the reformatory school.

Any youthful offender who without due cause does not return to the reformatory school at or before the expiration of the period for which he has been granted leave shall be deemed to have escaped from the reformatory school and the provisions of sections 29 and 31 shall apply and the said youthful offender shall be liable to be punished in the manner prescribed by the rules of the reformatory school.

The manager of a reformatory school may, in the interests of training, order any youthful offender to attend any class of instruction or to participate in any other activity outside the precincts of the reformatory school and conducted by persons other than members of the staff of the reformatory school.

Any youthful offender shall be deemed, while absent from the reformatory school in pursuance of an order under this section, to be in legal custody.

Any court having power to order a youthful offender to be sent to a reformatory school shall have power to make orders on the parent of the youthful offender to contribute for the whole or any part of the expenses of the youthful offender during the period of detention such sums as the court may think fit and may of its own motion, or on the application of any person, from time to time revoke or vary such orders or remit wholly or partially any payment ordered to be made under this section. (Amended 30 of 1977 s. 8)

Any such order may be made on the complaint or application of the manager of the reformatory school to which the youthful offender is ordered to be sent or on the complaint or application of the Commissioner of Police and either at the time when the youthful offender is ordered to be sent to the reformatory school or subsequently, and the sums ordered to be contributed shall be paid to such persons as the court may name. (Amended 30 of 1977 s. 8)

A court having power to make an order for contribution under this section may issue an order requiring the parent to attend and show cause why an order for contribution should not be made, and an order for contribution under this section may be made on a parent who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.

A court making an order for contribution under this section shall have regard to the means of the person on whom such order shall be made.

Any sums ordered to be contributed by a parent under this section may be recovered from him by distress or imprisonment in like manner as if the same were a fine legally imposed on him by the court.

Where an order for contribution has been made under this section the person on whom such order has been made shall give notice of any change of address to the Commissioner of Police and, if he fails to do so without reasonable excuse, he shall be liable on summary conviction to a fine at level 1. (Amended E.R. 4 of 2021)

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, a detention centre or a rehabilitation 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; 11 of 2001 s. 14)

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.

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).

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)

An order under subsection (1) for the detention of a youthful offender in a rehabilitation centre shall take effect as if it had been made under the Rehabilitation Centres Ordinance (Cap. 567). (Added 11 of 2001 s. 14)

Before an order is made under subsection (1) for detention of a youthful offender in a training centre, a detention centre or a rehabilitation 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, a detention centre or a rehabilitation centre and on the availability of places at training centres, detention centres or rehabilitation centres. (Replaced 90 of 1988 s. 3. Amended 11 of 2001 s. 14)

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, a detention centre or a rehabilitation centre. (Added 30 of 1977 s. 11. Amended 11 of 2001 s. 14)

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)

On an application being made on behalf of the Director of Social Welfare in respect of a youthful offender detained in a reformatory school, a court or magistrate may order that such youthful offender be removed from such school to an addiction treatment centre. (Amended L.N. 126 of 1995)

Before an order is made under subsection (1) a court or a magistrate shall consider a report of the Commissioner of Correctional Services on the suitability of the youthful offender for cure and rehabilitation and on the availability of places at addiction treatment centres and on whether it is in the interest of the youthful offender and in the public interest that such youthful offender should undergo a period of cure and rehabilitation in an addiction treatment centre.

An order under subsection (1) shall take effect as if it were a detention order made under section 4(1) of the Drug Addiction Treatment Centres Ordinance (Cap. 244).

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”.

Any youthful offender detained in a reformatory school who—

shall be liable to be prosecuted on account of such offence.

If found guilty and sentenced—

The order of detention made by a court in pursuance of which a youthful offender is sent to a reformatory school shall be in writing under the hand of the presiding magistrate and the seal of the court and shall be delivered with the youthful offender to the manager of the reformatory school and shall be sufficient authority for his detention therein, or in any other place to which he is transferred in pursuance of this Ordinance, in accordance with the tenor thereof.

A youthful offender whilst so detained and whilst being conveyed to and from a reformatory school shall be deemed to be in legal custody and if he escapes may be apprehended without warrant and taken to the place wherein he was detained or to or from which he was being conveyed.

Every officer of a reformatory school authorized by the manager thereof or by the court to take charge of any youthful offender ordered to be detained under this Ordinance, for the purpose of conveying him to or from the school or of apprehending and bringing him back to the school in case of his escape or refusal to return, shall for that purpose and while engaged in that duty have all the powers, protection and privileges of a police officer.

Every order, authority or direction which by the provisions of this Ordinance may be given by the Chief Executive shall be in writing. (Amended 17 of 1999 s. 3)

A copy under the hand of the Chief Secretary for Administration shall be evidence of any such order, authority or direction purporting to be contained therein until the contrary is shown. (Amended L.N. 362 of 1997)

The production of the order, warrant or other document, in pursuance of which a child or young person is directed to be sent to a reformatory school, or committed to the care or custody of a society or institution, with a statement endorsed thereon or annexed thereto purporting to be signed by the manager to the effect that the child or young person named therein was duly received into and is at the date of the signing thereof in such school, or by the secretary of such society or institution to the effect that such child or young person was duly taken into the custody or care of such society or institution and is at the date of signing thereof still in its care or custody, or has been otherwise dealt with according to law, shall in all proceedings relating to such child or young person be prima facie evidence of the identity and of the lawful detention or disposal of the child or young person named in such order, warrant or other document.

A school to which any youthful offender is ordered to be sent in pursuance of this Ordinance shall, until the contrary be proved, be presumed to be a reformatory school within the meaning of this Ordinance.

(Repealed 30 of 1977 s. 13)

(Repealed 80 of 1997 s. 14)