139TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’
PAPERSVISITING
EXPERTS’SERIESPAPERSRESOURCE
MATERIAL
No.78

PROFILES AND EFFECTIVE TREATMENTS OFSERIOUS AND VIOLENT JUVENILE OFFENDERSSamuel Tong*

I. INTRODUCTION
Hong Kong, like many other countries and cities around the world, applies special procedures andsystems for young offenders.
This paper will firstly outline the prevailing juvenile justice system in Hong Kong, with a detailed
discussion of the relevant legislation, the juvenile court, the procedures after arrest of a young offender, thecourt procedures and sentencing principles.
After that, the paper will analyse the aspects of the assessment and treatment methods for young
offenders, with highlights on different correctional regimes administered by the Hong Kong Correctional
Services Department (HKCS).
Lastly, the paper will study the prevention methods that help young offenders under HKCS’ programmes
to rehabilitate and reintegrate into society. There will be a detailed description of HKCS’ rehabilitation
services which specifically target young offenders.

II. JUSTICE MODEL AND PROCEDURES
A. Brief Description of Hong Kong’s Juvenile Justice System
1. Legislation
The policy and procedures for the handling of youths in Hong Kong’s juvenile justice system is primarily
governed by the Juvenile Offenders Ordinance (JOO) (Cap 226). Other relevant legislation includes theProtection of Children and Juveniles Ordinance (Cap 213); the Probation of Offenders Ordinance (Cap 298);
the Detention Centres Ordinance (Cap 239); the Training Centres Ordinance (Cap 280); the Community
Service Order Ordinance (Cap 378); the Rehabilitation Centres Ordinance (Cap 567); and the Reformatory
Schools Ordinance (Cap 225).
2. Juvenile Court
The minimum age of criminal responsibility in Hong Kong has been raised from seven to 10 after theJuvenile Offenders (Amendment) Ordinance 2003 (the Ordinance) came into force1. Any persons below theage of 10 cannot be guilty of an offence in law, but they may be subject to care and protection proceedings
under the Protection of Children and Juveniles Ordinance.
The Juvenile Court is presided over by a permanent magistrate, who has the jurisdiction to adjudicate
alleged criminal offences, other than homicide, committed by a juvenile aged 10-15.
Nevertheless, there are occasions on which juveniles may be transferred to adult courts for trial. These
exceptions include a juvenile being:* Correctional Services Department, Hong Kong Special Administrative Region, China.

1 The Secretary for Security set 1 July 2003 as the commencement date of the Juvenile Offenders (Amendment) Ordinance2003. The commencement notice was published in the Gazette on 25 April 2003 and tabled at the Legislative Council on 30
April 2003 for negative vetting.

94

139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS(i) charged jointly with a person who has attained 16 years of age;(ii) charged with aiding, abetting, counselling, procuring, allowing or permitting an offence with which aperson who has attained the age of 16 years is charged at the same time; or(iii) charged with an offence arising out of circumstances which are the same as or connected with thosegiving rise to an offence with which a person who has attained the age of 16 years is charged at thesame time.
There is no statutory requirement for magistrates appointed to hear juvenile cases to possess any
particular background or training. Nevertheless, before sitting in the Juvenile Court, a Juvenile Court
magistrate will be briefed by his or her predecessor on the court practice and procedures. From time totime, Juvenile Court magistrates are encouraged to attend seminars and conferences on related topics.
3. Procedures after Arrest of a Young Offender(i) Interview
A juvenile arrested by the police will only be interviewed in the presence of a parent, a guardian, ora person (e.g. an older brother or sister) who is of the same sex of the juvenile being interviewed. The
absence of such person when a statement is obtained from a juvenile may be considered oppressive and canbe sufficient reason for the court to exclude the statement from evidence.
After the interview, the police have the discretion to handle minor offenders informally by cautioning thejuvenile. Should the offence warrant formal measures, the police may deal with the case by proceeding withprosecution. Appendix I contains a flowchart which outlines the process of handling a young offender underHong Kong’s juvenile justice system.

(ii) Bail/Detention
Section 4 of JOO stipulates the conditions for the release of a juvenile on bail pending trial. It provides
that a juvenile aged under 16, apprehended with or without warrant, must be brought forthwith before aJuvenile Court. Where that cannot be done, an inspector of police or other officer of equal or of superiorrank, or the officer in charge of the police station where such a person is brought, must enquire into the caseand grant bail unless: the charge is one of homicide or other grave crimes; it is in the juvenile’s interest to
remove him or her from association with an undesirable person; or the officer has reason to believe that therelease of the juvenile would defeat the ends of justice. If a juvenile is not allowed bail, JOO requires that thejuvenile be detained in the police station, but must be kept separate and apart from adult detainees.
(iii) Police Cautioning
In Hong Kong, a juvenile aged under 18 who commits a minor offence may receive police cautioning
under the Police Superintendent’s Discretion Scheme. Under the Scheme, the young offender isinterviewed by a police officer of at least the rank of superintendent and given a severe warning about theoffence and the consequences of such conduct in future. The juvenile is subject to visits by police officers of
the Juvenile Protection Section so as to reinforce the warning with continued police contact.
4. Court Procedure(i) Admitting/Denying the Charge
When a juvenile is brought before a Juvenile Court for any offence, it is the duty of the court to explain to
the juvenile in simple language the substance of the alleged offence. If the court is satisfied that the juvenile
understands the nature of the alleged offence, the court will ask the juvenile if he or she admits or denies
the charge rather than asking him or her to plead guilty or not guilty.
If the juvenile admits the offence, the usual procedure is for the court to receive a statement of facts
from the prosecutor. If the court is satisfied that the offence is made out, the facts will be explained in simple
language to the juvenile.
The juvenile will then be asked whether or not those facts are admitted. If the facts are accepted and thecourt finds the offence is proved, the court will proceed to sentence.

95

RESOURCE MATERIAL SERIES No.78(ii) Hearing
If the offence is not admitted, or if the court is not satisfied that the juvenile understands the nature of
the alleged offence, the court will proceed to hear evidence. At the conclusion of the provision of evidenceby the prosecution witness, the court will ask the juvenile, or, if it sees fit, his or her parent or guardian,
whether he or she wishes to question the witness. The defendant is allowed to make a statement instead ofasking a question if he or she so wishes.
If it appears to the court that a prima facie case is made out, the juvenile is allowed to give evidence
and call defence witnesses, but is not obligated to do so. After hearing all the evidence, the magistrate willrender the verdict. If the verdict is not guilty, the court will release the youth. Otherwise, the magistrate will
make a finding of guilt and the case proceeds to sentencing.

(iii) Legal Representation
A juvenile is entitled to instruct a private lawyer, to apply for legal aid, or to seek legal assistance fromthe Duty Lawyer Service (in Magistrates Courts and Juvenile Courts) to represent him or her in court
proceedings.
(iv) Parents/Guardians’ Involvement
The parent or guardian of the juvenile must attend all stages of the proceedings unless the court orders
otherwise.
(v) Protection of Privacy
JOO safeguards the privacy of the youths who appear before the Juvenile Court for trial. It has laid down
restrictions on the reporting of and access to the court proceedings in the Juvenile Court.
(vi) Reporting Restrictions
It is an offence for any person to publish written reports or broadcast any proceedings in the Juvenile
Court or on appeal from the Juvenile Court, revealing the name, address, school or any particulars calculated
to lead to the identification of the juvenile or any witness concerned in the proceedings. The court may
dispense with these restrictions if it is in the interests of justice to do so.
(vii) Access to Juvenile Court Hearing
Juvenile courts are not open to members of the public. Only the following persons can be present: themagistrate and officers of the court; parties to the case before the court, their solicitors and counsel, andwitnesses and other persons directly concerned in that case; bona fide representatives of newspapers or
news agencies; and such other persons as the court may specifically authorize to be present.
5. Sentencing
In determining the method of dealing with a juvenile who has admitted an offence or been found guilty
after the trial, the Juvenile Court will obtain such information, maybe by way of calling for a pre-sentence
report, as to the juvenile’s general conduct, home surroundings, school record and medical history.
In addition, the Juvenile Court magistrates may seek advice from a Young Offenders Assessment Panel(YOAP) to assist them in sentencing young offenders. YOAP was formed on 1 April 1987 by HKCS andthe Social Welfare Department (SWD). It currently consists of seven members of different disciplines fromHKCS and SWD, such as correctional services officers, social workers, clinical psychologists and education
officers. YOAP provides a co-ordinated view of the most appropriate sentencing option for offenders aged
14-25, and the panel will interview the offenders and consider all relevant factors before rendering its advice
to the magistrates for consideration.
Section 11 of JOO restricts the imprisonment of juveniles by specifying that no juveniles shall besentenced to detention if he or she can suitably be dealt with in any other way. As such, imprisonment
should be the last resort to be used where the nature and seriousness of the offence make imprisonment
necessary in the public interest, or where the offence merits imprisonment and all other methods of disposal
have been excluded.

96

139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS

6. Court Environment
Procedures in the Juvenile Court tend to be less formal than that in a Magistrate’s Court. For example,
the defendant does not sit in the dock and is accompanied by his or her parents or guardians sitting alongside
or behind him or her. Further, the magistrate sits on a slightly raised bench or on the same level as thedefendant.
Section 6 of JOO requires that no juvenile 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 juvenile is charged, while
being conveyed to or from any criminal court or waiting before or after attending any criminal court.
Further, in order to ensure a complete separation between adult and juvenile defendants, the courtroom
used for juvenile proceedings should be completely separate from the one used for proceedings involving
adult offenders. Where the same courtroom is used for both adult and juvenile defendants, JOO requires aclear one hour break between the sittings of a juvenile court and the sittings of an adult court.

III. ASSESSMENT METHODS
A. Violent Crime in Hong Kong
According to Hong Kong Law Chapter 589 Section 2, “serious crime” means any offence punishable:
in relation to the issue or renewal, or the continuance, of a prescribed authorization for interception, by amaximum penalty that is or includes a term of imprisonment of not less than seven years; or in relation
to the issue or renewal, or the continuance, of a prescribed authorization for covert surveillance, by amaximum penalty that is or includes a term of imprisonment of not less than three years or a fine of not lessthan $1,000,000.
As classified by the Crime Statistics (Appendix II), violent crime includes offences such as “Homicide”,“Robberies”, “Wounding and Serious Assault”, “Criminal Intimidation”, “Blackmail”, “Arson”, “Rape” and“Indecent Assault”.
According to the statistical table in Appendix III, the general trend of the crime committed by young
people has been quite steady in the past few years. In 2006, there were 4,974 young persons and 4,510
juveniles arrested (total: 9,484 persons), whereas in 2005, the numbers were 4,780 and 4,531 respectively(total: 9,311). However, when compared with the figures from 2004 and earlier, the total number of young
persons and juveniles arrested in 2005 and 2006 showed a decrease.
Another statistical table compiled by Hong Kong HKCS in Appendix IV shows that in 2007, the total
number of young male offenders being sentenced to correctional institutions was 1,100 whilst that of young
female offenders was 476, but in 2006, the two different numbers were 1,065 and 908 respectively.

IV. TREATMENT METHODS
A. Sentencing Options for Young Offenders in Hong Kong
If the court is satisfied that the juvenile is guilty of an offence, it may deal with the case in one or more of
the following ways:(i) by dismissing the charge;(ii) by a discharge upon entering into a recognizance;(iii) by a probation order under the provisions of the Probation of Offenders Ordinance. The court may
make a probation order requiring the offender to be under the supervision of a probation officer for aperiod of between one and three years;

97

RESOURCE MATERIAL SERIES No.78(iv) by release on a bond of good behaviour under section 96(b) of the Magistrates Ordinance (Cap 227)2;(v) by an order under the Protection of Children and Juveniles Ordinance, if in need of care andprotection;(vi) by sending the offender to a reformatory school under the Reformatory Schools Ordinance for aperiod of between one and three years, and in any case not longer than until the offender attains theage of 18 years;(vii) by ordering the juvenile to pay a fine, damages or costs;(viii) by ordering the parent or guardian of the offender to pay a fine, damages or costs;(ix) by ordering the parent or guardian to give security for the good behaviour of the offender;(x) where the offender is a young person aged 14-15, by sentencing him or her to imprisonment or todetention in a Training Centre established under the Training Centres Ordinances or to detention ina rehabilitation centre within the meaning of the Rehabilitation Centres Ordinances. The period ofdetention in a Training Centre is from six months to three years, and that in a rehabilitation centre isfrom three to nine months;(xi) where the offender is a male person, by dealing with him under the provisions of the Detention
Centres Ordinance. For those aged over 14 and under 25, the period of detention is from one to six
months;(xii) where the offender is aged 14-15, by ordering him or her to perform community services notexceeding 240 hours within a 12-month period under the Community Service Orders Ordinance; or(xiii) by dealing with the case in another manner in which it may be legally dealt with, e.g. imprisonment,
as the last resort.
The criminal courts play a key role in the criminal justice system and the options available to them are
related to the pertinent ordinances. Then the courts decide which are the most appropriate sentences within
their jurisdiction to achieve these objectives.
It is recognized in the criminal justice system that young offenders are a separate group who deserve
separate sentencing and treatment programmes. The main reason for this is that they are not as mature as
adults and they are still developing in connection with their character and personality.
In other words, there is a likelihood that the young offenders could be transformed. For this age group of
offenders, the goal of rehabilitation is of greater importance than the other three. Besides, reintegration into
society is also an important factor to be considered. Therefore, noncustodial sentences such as probation,fine, bind-over, community services order, etc., would be first considered by the courts.
However, there are several conditions for which non-custodial sentences seem to be inappropriate: if itappears that the young offender is unable or unwilling to respond to non-custodial sentences; if a custodial
sentence is necessary for the protection of the public; or if the offence was so serious that a non-custodial
sentence cannot be justified.
It is also stipulated in Section 109A(1) of the Criminal Procedure Ordinance that no court shall sentencea person of or over 16 and under 21 years of age to imprisonment unless the court is of opinion that noother method of dealing with such person is appropriate. However, this provision shall not apply to young
2 This provision prescribes for delivering the offender “to his parent, guardian or nearest adult relative or, if the offender isan apprentice or servant, to his master or mistress or, if the offender is a pupil, to the person in charge of the school at which
the offender is attending, on such parent, guardian, relative, master, mistress or person in charge of a school executing a bond,with or without sureties, that he will be responsible for the good behaviour and also, if the magistrate thinks it necessary, forthe proper education of the offender for any period not exceeding 12 months”.

98139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS

offenders who commit serious offences.
Therefore, it is clear that in sentencing young offenders in Hong Kong, the basic rule is that incarceration
should not be taken for granted. Moreover, among the different types of custodial sentences, imprisonment
should be the last choice. Even if a custodial sentence is necessary, detention in a Boys’ Home, Reformatory
School, Detention Centre, Rehabilitation Centre, Training Centre or Drug Addiction Treatment Centre
should be first considered by courts, whereby the offenders will undergo different rehabilitation programmes
according to the place of detention so as to achieve the aims of sentencing or the objectives of the criminal
justice system.
1. Roles of Relevant Agencies
Having the case tried and the defendant found guilty of the charge, then the court faces the questionof sentencing. Bearing in mind the goals of the criminal justice system, there is always more than one
option for sentencing unless the punishment of the offence is already fixed by law. The option usually takes
into consideration the following information concerning the offender: age of the offender; nature of theoffence; criminal history; past institutional performance (if any); physical and mental condition; educational
background and school performance; family background and relationship; and working experience. This
information is particularly helpful to the sentencing of young offenders.
HKCS and SWD are responsible for providing a range of rehabilitation programmes intended for young
offenders. Each differs in design in the context of the programme to aim at particular target group of
offenders. However, according to Section 11 of the Juvenile Offenders Ordinance, a child who is under theage of 14 should not be sentenced to imprisonment or committed to prison in default of payment of a fine,damages or costs. Therefore the rehabilitation programmes for young offenders between the ages of 10 to 14
are limited to the domain of the SWD.
In the rest of the paper, the main focus will remain on the treatment programmes offered by the HKCS.
At present, the major programmes for young offenders run by HKCS are the Detention Centre
Programme; the Rehabilitation Centre Programme; the Training Centre Programme; the Drug Addiction
Treatment Centre Programme and the Young Prisoners Programme.
2. Detention Centre Programme
The first point of entry into the HKCS institutions for young offenders in the early stage of theirdeviation from the law would be the Detention Centre. This system of the Detention Centre provides analternative means of dealing with young offenders who cannot learn to respect for the law by non-custodial
sentences like fine or probation, or when it is in the interest of the general public that a custodial sentence is
imposed.
The Detention Centre is administered under the Detention Centre Ordinance Chapter 239 which wasenacted in June 1972. It provides for the establishment of a correctional agency set up as Detention Centres
where young first offenders are detained and undergo programmes with the aim of inducing in them respect
for the law and deterring them from further criminal activity.
The period of detention for young offenders (age 14 to 21) in the Detention Centre will not be less than
one month and not more than six months. Following release from the centre, the young offender is required
to undergo statutory supervision for one year. Non-compliance with the terms of the supervision could
result in being recalled to the Detention Centre for further training.
In 1976, the Detention Centre Ordinance was amended such that the programme was extended to young
adult offenders aged between 21 and 25, but their detention period would not be less than three months andnot more than 12 months.
The Detention Centre is basically a regime of brisk and firm discipline, with emphasis on hard work andthe highest standard of achievement. The design is to give a “short, sharp, shock” treatment to the young
offenders in their early stages of deviation.
The rehabilitation programmes of the Detention Centre do not cease on the day when the young offender99

RESOURCE MATERIAL SERIES No.78

is released from the centre. The general terms of the Supervision Order require the offender: to inform hisor her after-care officer of any change in place of residence or occupation; to lead an honest life and not toassociate with known bad characters including members of unlawful societies; to obey the instructions of hisor her after-care officer and to consult him or her whenever necessary; to see his or her Rehabilitation Unit
officer in person at least once every month; to remain at home or at another designated place between 11:00
p.m. and 6:00 a.m. every night unless otherwise authorized; and to keep away from all undesirable places
frequented by triad or gang members.
So throughout the 12 month period of supervision, the young offender is constantly reminded of his or
her obligation to respect the law, and a violation of the supervision conditions may result in recall for further
training, or a conviction by the court.
3. Rehabilitation Centre ProgrammeWith the enactment of the Rehabilitation Centres Ordinance Chapter 567 in 2001, the Department
started operating rehabilitation centres on 11 July 2002. The centres provide an additional sentencing
option for the courts to deal with young offenders aged from 14 to under 21 who are in need of a short-term
residential rehabilitation programme.
The programme consists of two phases. The first phase provides two to five months’ training ina correctional facility. It focuses on discipline training with the aim of helping young offenders learn
to exercise better self-control and develop a regular living pattern through half-day basic work skills
training and half-day educational/counselling programmes. During the second phase, young offenders areaccommodated in an institution of a half-way house setting for a period of one to four months. They may
go out for work; attend vocational training and educational courses; and participate in community service
programmes. Discharged young offenders are subject to one year’s statutory supervision by aftercare
officers.
4. Training Centre Programme
The Training Centre Programme in Hong Kong is operated under the Training Centre Ordinance 9
Chapter 280 which was enacted in March 1953. The ordinance provides for the establishment of Training
Centres for the training and reformation of young offenders aged between 14 and 20.
Although admission to the Training Centre also requires a suitability report as stipulated in Section 4(3)of the Training Centre Ordinance, the construction of the section only demands the courts to consider therecommendation of the suitability report but it is not necessary that the conclusion of the report must agree
in order to pass such sentence . However, the courts cannot sentence a young offender to the Detention
Centre if the suitability report does not agree, so admission criteria to Training Centre is much more flexible
than that which applies to the Detention Centre.
The regime of the Training Centre is focused on the training and reformation value of detention withemphasis on productive and constructive activities for the young offenders. Young offenders, of either sex,
and aged not less than 14 but under 21 years can be sentenced to a Training Centre if the court thinks that
it is in the interest of the community and it is expedient for his or her reformation and for the prevention ofcrime.
The Training Centre Programme is composed of two major aspects. Firstly, Section 12(1) of the Training
Centre Regulations provides that every Training Centre inmate, unless excused on medical grounds, shall be
employed on suitable work calculated to assist him or her in earning a livelihood on discharge. Secondly, thelaw also provides that each inmate is required to take remedial education classes which are adjusted to his or
her educational background for his or her own benefit.
The period of detention in Training Centres is indeterminate, ranging from a minimum of six months toa maximum of three years. A Training Centre inmate’s suitability for discharge is decided and evaluated bya Board of Review which periodically interviews each inmate to consider his or her progress. When a young
offender is assessed to have reached the peak of his or her performance, he or she is released.
Following the release, the young offender is required to undergo a statutory supervision period of three100139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS

years. If the young offender fails to comply with the terms and instruction as laid down in the Supervision
Order, he or she can be recalled to a Training Centre for further detention and training.
5. Young Prisoners’ Programme
Imprisonment is the last resort of the various options for disposal of young offenders by courts. It is
explicitly stipulated in the Criminal Procedure Ordinance that it should be the final preference for courts
to sentence a young offender to imprisonment. Moreover, the stipulation in Section 8(A) of the Detention
Centre Ordinance; Section 10 of the Rehabilitation Centres Ordinance and Section 7(2) of the Training
Centre Ordinance empower the Chief Executive to transfer a Detention Centre/Rehabilitation Centre/
Training Centre inmate to prison if he or she is reported by the Commissioner of Correctional Services to be
exercising a bad influence on other young offenders, or he or she is considered to be incorrigible.
Presumably those young offenders sentenced to imprisonment should primarily be persons whom thecourts consider the most difficult and incorrigible young offenders who have advanced a considerable way
along their criminal trajectory.
Apart from the stipulation in the Criminal Procedure Ordinance and the age criterion, no other exclusion
principle is stated in the law as admission criterion to sentence a young offender to imprisonment. There isno suitability report in relation to a sentence of imprisonment.
However, there are other reasons for which the young offenders will be sentenced to imprisonment. The
most numerous of such cases are those of young illegal immigrants who are convicted of offences listed in
the Immigration Ordinance, Chapter 115, such as “Remaining in Hong Kong without authority” and “Using
an Identity Card relating to another person”. After serving their terms of imprisonment and being released,
they are subject to deportation or repatriation. Therefore they are unable to undergo the statutory periodof supervision which is a vital and inseparable element of treatment in the Detention Centre, Rehabilitation
Centre or Training Centre Programme. Besides, usually their immediate family members are not residentsof Hong Kong therefore the mechanism of building stronger family ties to develop their personalities could
not be applied.
Prisons in Hong Kong are operated under the Prisons Ordinance and the Prisons Rules, Chapter 234.
The length of sentences for young offenders is specified in the court order. However, they are entitled tohave one-third of the sentence reduced as remission provided that it is not less than thirty-one days. They
shall be subject to a one year period of statutory supervision after release if their sentence is three months’
imprisonment or more (except those sentences which could be reduced by paying fines or if they reach theage of 25). Those who are illegal immigrants need not undergo the supervision period. Failure to comply
with the conditions of the Supervision Order would result in recall to prison.
The Prisons Ordinance and Prison Rules give little distinction between young and adult prisoners. First,
the two age groups should be detained in different penal institutions. The other difference is that young
prisoners are required to attend educational classes. The law states that every prisoner shall engage in workfor not more than ten hours a day and young prisoners may be required to attend educational classes andtime in class will be counted as time engaged in useful work.
The regime of the prisons for young offenders focuses on the training and reformation value of detention.
The treatment programme is basically designed in the form of half-day vocational training and half-day
educational classes. Besides, discipline is emphasized in the treatment of young offenders by requiring themto perform footdrill. Imprisonment should be the last option in sentencing a young offender.
6. Drug Addiction Treatment Centre Programme
The Drug Addiction Treatment Centre Ordinance Chapter 244 was enacted in January 1969. It provides
for the establishment of Drug Addiction Treatment Centres for the cure and rehabilitation of offenders foundguilty of criminal offences who are suffering from drug addiction.
It empowers the court with the authority to sentence a drug addict convicted of offences of a relatively
minor nature yet punishable by imprisonment to detention in a Drug Addiction Treatment Centre if thecourt considers that a period of treatment in a Drug Addiction Treatment Centre is more beneficial than101

RESOURCE MATERIAL SERIES No.78

a term of imprisonment. Besides, the ordinance stipulates that when a court makes a detention order, noconviction shall be recorded, unless in the opinion of the court, the circumstances of the offence so warrant.
In accordance with Section 4(3) of the Drug Addiction Treatment Centre Ordinance, similar to theDetention Centre, Rehabilitation Centre and Training Centre Ordinance, the court shall consider a suitability
report before an order for detention in a Drug Addiction Treatment Centre is made. The criteria ofadmission is concerned with the relevancy of the offence, whether the offender is a drug addict and whether
it is in the interest of the offender and the public interest to detain in the centre in lieu of prison.
A drug addict who is over the age of fourteen may be sentenced to a Drug Addiction Treatment Centre.
Therefore, the programme is not limited to young offenders only. However, young offenders sentenced to a
Drug Addiction Treatment Centre are separated from the adult inmates. The two groups are either detainedin different centres or in different sections of the same centre.
The period of detention in a Drug Addiction Treatment Centre is indeterminate, ranging from a minimumof two months to a maximum of 12 months, followed by 12 months of statutory aftercare supervision. The
actual length of treatment is based on the inmate’s health and progress and the likelihood of remaining freefrom addiction to dangerous drugs after release.
The problem of drug addiction and its treatment are complicated and its causes are varied. The prevailinglegal framework allows the Superintendent of the Drug Addiction Treatment Centre to order an inmate toattend any course, class or lecture which he or she considers could be beneficial to the inmate.
There are three aims of the compulsory drug treatment programme: detoxification and restoration ofphysical health; up-rooting of psychological and emotional dependence on drugs; and preparation for theinmate’s reintegration into society.
In summary, young offenders who are drug addicts may be sentenced to a Drug Addiction Treatment
Centre in lieu of other sentence options so far as the courts think appropriate. The aim is to restore thehealth of the offender and to develop his or her resistance against drug dependence. The programme is acombination of medical treatment, work therapy and counselling. On the whole, it is therapeutic rather thanpunitive in nature.

V. PREVENTION METHODS
A. Rehabilitation Services
As an integral part of the Hong Kong criminal justice system, HKCS is committed to providing safe
and secure custodial services and preparing offenders for successful reintegration into the community
as a law-abiding and productive citizen through the provision of comprehensive rehabilitative services.
HKCS’mission is to protect the public and help reduce crime.
The effectiveness of HKCS’ work in rehabilitation is not only affected by the quality of the custodial
regime and rehabilitative programmes, but also the motivation and responsivity of offenders towards suchprogrammes, as well as community acceptance of rehabilitated persons. Since the establishment of a
Rehabilitation Division in 1998, HKCS has been forging ahead with a two-pronged approach of enhancing
its rehabilitative services and programmes, and cultivating community involvement in the provision ofsuch services, including pre-sentence assessment services, prisoners’ welfare and counselling services,
psychological services, education programmes, vocational training and post-release supervision services.
In order to enhance the success of reintegration of offenders, HKCS has substantially enhanced
vocational training and education for offenders in recent years so as to better equip offenders in theirreintegration into the community after discharge. HKCS has also organized public education and publicity
activities to increase the public’s understanding of offender rehabilitation and to appeal for their support inthis connection.

102

139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS

1. Vocational Training for Offenders
Employment is a key reintegration factor. This is confirmed by a survey conducted by HKCS in 2000
to identify the needs of rehabilitated persons. The results of the survey revealed that over 60% of therehabilitated persons considered that securing employment was their immediate concern at the initial stageof their release. Therefore, HKCS has strengthened the vocational training available to offenders in custody.
The purpose is to enhance their employability through vocational training that keeps pace with developmentof the community and through the recognized qualification they obtain after the training.
Young offenders under the age of 21 will receive half-day compulsory vocational training on technicalor commercial skills. HKCS constantly reviews the vocational training courses provided to them to ensure
such courses are in line with market needs. The current courses include decorative joinery, electricaland electronic servicing, mechanical engineering crafts, plumbing and pipefitting, vehicle body painting,computer-aid drafting, computer servicing, food and beverage service and printing and desktop publishing.
In 2006, young offenders attempted 525 public examination papers and trade tests, and the overall passing
rate was 96%.
2. Education for Offenders
Enhancing the education level of offenders can help them tackle the challenges they face, and also
improve their employability, upon their return to the society after discharge. For young offenders, HKCS’
policy is to bridge the education provided for young offenders to mainstream education. Having regard to
the introduction of a new senior secondary education (NSSE) curriculum in Hong Kong, HKCS has started
the necessary preparations to introduce NSSE subjects for inmate students in 2009 and to prepare them tosit the Hong Kong Diploma of Secondary Education Examination in 2012. The preparations include, interalia , identification of suitable NSSE subjects for introduction in correctional institutions and development ofexisting teaching staff or recruitment of teaching staff with relevant qualifications to teach the new subjects.
3. Community Involvement
While HKCS is committed to providing the best possible opportunity for all offenders to make a new startin life upon release, the efforts made by the government and the offenders themselves are not adequate.
Their successful reintegration also depends on how ready the community is to support and accept them.
The common misconceptions about offenders and, to a certain extent, the prison regimes, are mainly due
to lack of information and public education. This not only creates obstacles to the smooth reintegration ofrehabilitated persons but also leads to wastage of resources devoted to their rehabilitation.
Recognizing the importance of community acceptance and support of the successful reintegrationof rehabilitated persons, HKCS established in late 1999 the Committee on Community Support for
Rehabilitated Offenders, comprising community leaders, employers, education workers, professionals andrepresentatives of non-governmental organizations (NGOs) and government departments, to advise on
rehabilitation programmes and reintegration and publicity strategies.
Since then, a series of publicity and public education activities targeting four community groups,
students, the general public, employers and community leaders at district level, have been organized
to appeal for community support for offender rehabilitation as well as to educate the public on crime
prevention. These activities include, inter alia , special TV and radio programmes, roving exhibitions at
district level, a TV documentary drama on rehabilitated persons – “The Road Back”3, appointment of local
celebrities and public figures as Rehabilitation Ambassadors, and television and radio announcements in the
public interest.

3 The HKCS, in collaboration with Radio Television Hong Kong, produced three 10-episode series of a TV docu-drama entitled‘The Road Back’. The series were produced in 2000, 2002 and 2004 and all were well-received. The first series was awarded
the Silver Award for Best Television Programme and the New Television Programme Award in 2000. The second series in2002 was awarded the Gold Award in Entertainment Programme and Silver in the Best Television Programmes Award. The
third series in 2004 was awarded the Gold Remi Award at The Houston International Film Festival and the Bronze Plaque inthe 53rd Columbus International Film & Video Festival. The fourth series was telecast from May to July 2006.

103

RESOURCE MATERIAL SERIES No.78

Community involvement and participation in various aspects of offenders’ correctional and rehabilitative
process narrows the gap between the public at large and the offenders. It helps change the negative attitude
of society towards offenders. To help diversify and enrich HKCS’ service delivery, it needs the regular andactive participation of NGOs and religious bodies.
As a result of HKCS’ incessant publicity efforts, supportive connections and partnerships conducive
to offenders’ reintegration have been established. At present, there are more than 60 religious bodies andNGOs partnering with HKCS to provide services to help prisoners reintegrate into the community.
These organizations are actively involved in a variety of services ranging from the provision ofcounselling services and religious sacraments to the organization of cultural ventures and recreational
projects in correctional institutions. To strengthen co-operation amongst NGOs and provide all NGO
partners with an opportunity to exchange views on matters relating to rehabilitation services, HKCS holds
annual forums with NGO representatives on top of regular service reviews.
In addition, a web-based messaging platform has been set up to provide users with an interactive site topost topics for open discussion. Another remarkable example of partnership between HKCS and NGOs is
the implementation of a “Continuing Care Project” since early 2004 wherein seven NGOs provide followup services for supervisees who are assessed to be still in need of and are willing to receive counselling
services after completing the statutory supervision. As at the end of May 2007, a total of 352 cases havebeen successfully referred to respective NGOs for the service.
Responding to HKCS’ call for support and assistance to offender rehabilitation, the involvement ofand sponsorship from renowned community organizations and local charitable organizations4 in various
programmes for the benefits of offenders and rehabilitated persons have been increasing in recent years.
The various initiatives include the running of professional beautician certificate courses and hairdressing
courses for female prisoners.
To enhance the employment opportunities for rehabilitated persons, HKCS has also facilitatedenthusiastic business organizations to launch a “One Company One Job” campaign5 since 2004 in local
districts to promote fair job opportunities for rehabilitated persons.
To further broaden the scope of public involvement, HKCS formed the HKCS Rehabilitation Volunteer
Group in early 2004. The Group, comprising over 200 volunteers who are mostly university students
and serving teachers, aims to supplement the services of HKCS, particularly in terms of addressing thereformative, emotional, educational, social and recreational needs of inmates. Apart from conducting interest
groups on such topics as languages, computer studies and other cultural pursuits for offenders in various
correctional institutions, they also assist in other areas of rehabilitation work, such as public education
activities for promoting community acceptance of rehabilitated persons.
To ensure co-ordinated channels for disseminating our messages, HKCS needs to establish a network
at different local districts to deliver the message that rehabilitation can help prevent crime and reduce
reoffending, a message signifying social responsibility on the issue.
HKCS accordingly co-operates with all of Hong Kong’s 18 District Fight Crime Committees6 by inviting
them to organize publicity activities relating to offenders’ rehabilitation. Senior correctional officers are
4 These organizations include, among others, the Care of Rehabilitated Offenders Association, Lok Sin Tong Benevolent

Society, Kowloon, Rotary Clubs, International CICA Association of Esthetics, Zonta Clubs, Lions Clubs, etc.
5 The campaign is about promoting to the members of those business organizations the employment of at least one
rehabilitated offender in each of their companies.
6 The District Fight Crime Committees which are district bodies appointed by the Government to advise on means tocombat crime, consist of both members of the public and government officials. They help monitor the crime situation at
district level; co-ordinate community resources to assist in fighting crime; and make recommendations to the Central
Fight Crime Committee with regard to fight crime measures and community involvement. Chaired by the Chief Secretaryfor Administration of the Hong Kong SAR Government, the Central Fight Crime Committee draws up plans to reduce;co-ordinates efforts in fighting crime; monitors the results; and determines ways in which the public can be stimulated tocontribute to the reduction of crime.

104139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS

appointed as Regional Liaison Officers to facilitate the co-ordination of these activities and to provide
necessary support. With this network of channels functioning, HKCS organize year-round activities in all
districts and sustain a broad and pervasive permeation of the rehabilitation message to the public.
Rehabilitative work, being the collective responsibility of the whole community, requires the participationof all citizens rather than the sole effort of correctional jurisdictions. The ultimate goal is to build a safer andmore inclusive society. Providing public education for the next generation is a long-term target in soliciting
support for offender rehabilitation as well as crime prevention. In this regard, HKCS has been undertaking
a number of public education initiatives for youth over the years. These initiatives include those outlined
below.

(i) Personal Encounter with Prisoners Scheme7 (PEPS)HKCS has been running PEPS since 1993 with a view to generating attitudinal and behaviouralchanges among youth at risk. Under this Scheme, participants will visit one of the designated correctional
institutions, and have face-to-face discussions with reformed prisoners. The objective is to prompt theparticipants to think about the consequences of committing crimes. At the same time, the participating
prisoners can develop a positive self-image and build up confidence through the experience sharing sessions.
In 2006, a total of 207 visits were arranged for a total of 3,399 young people and students under PEPS.
(ii) Green Haven Scheme8 (GHS)HKCS started the Scheme in January 2001 to promote anti-drug messages and the importance ofenvironmental protection among young people. Under the Scheme, participants visit the mini drug museum
at a Drug Addiction Treatment Centre and meet with young offenders there to learn about the harmful
effects of drug abuse. They also take part in a tree planting ceremony to pledge support for rehabilitatedoffenders and environmental protection, and as a vow to stay away from drugs. In 2006, a total of 33 visitswere arranged for 904 participants under GHS.
(iii) “Options in Life” Student ForumTo demonstrate the willingness of rehabilitated offenders to make a contribution to society, HKCS
organized a series of district-based student forums in all 18 districts from late 2003 to late 2005 to provide
opportunities for secondary school students to interact with rehabilitated offenders, and to discuss withthem the detrimental consequences of committing crimes. A total of 20 student forums have been organizedwith 3,300 participants. In line with HKCS’ community involvement strategy, arrangements have been madefor similar forums to be run by 12 non-government organizations (NGOs) since 2006. HKCS provides thenecessary support and steer to the NGOs.
In the run-up to the tenth anniversary of the Rehabilitation Division in January 2008, another seriesof publicity and public education activities for rehabilitated persons were organized from August 2007 to
January 2008. Some of the major events include district-based publicity activities co-organized with all
18 District Fight Crime Committees, a Liu Shih Kun Concert9, production and broadcast of new TV andradio announcements in the public interest, an experience sharing forum with NGOs, a Rehabilitation Fair,a symposium on employment for rehabilitated persons, an NGO service day, a professional development
workshop on offender rehabilitation, and a TV variety show.

7 The Scheme was awarded “The Outstanding Performance Award for the Crime Fighting Staff ” by the Fight Crime
Committee in December 2001.
8 The Green Haven Scheme has won a Gold Award in the 2002 Hong Kong Eco-Business Award. The venue for conducting
the Scheme, namely Hei Ling Chau, has also been certified to ISO 14001:1996 standards for its environmental management
system by the Hong Kong Quality Assurance Agency.
9 Mr. Liu Shih Kun is a pianist well-known among Chinese over the world and the concert aims to bring care, concern andencouragement to inmates as well as appealing to the public to accept and give opportunities to the persons under custody or
who have completed a period of incarceration.

105

RESOURCE MATERIAL SERIES No.78

B. Programmes Targeted at Young Offenders
1. Offending Behaviour Programme
The Offending Behaviour Programme (OBP) in HKCS has been developed with a view to helping young
offenders to develop attitudes and skills which are instrumental to reducing the risk of reoffending, taking
into careful consideration the elements of effective treatment. Three of the basic considerations in thedevelopment and implementation of OBP included: the enhancement of the motivational state of young
offenders; the application of the cognitive-behavioural conceptualization of criminal behaviours in treatment
and rehabilitation efforts; and the matching of treatment materials and formats to the general characteristics
of young offenders.
For punishment to be effective the punishment should be immediate; the pattern of punishment schedulehas to be constant and consistent; and most important of all, the person has to draw a link cognitively
between the behaviours and the punishment received. As these criteria are hard to meet under the present
legal system, to effect behavioural change more effort has to be made in rehabilitating offenders rather thanrelying solely on the punitive effect of imprisonment.
Various offender programmes are developed and conducted in Canada and the United States in both theprobation and prisoner setting. Recent evaluation studies report remarkably encouraging results which
supported treatment work on offending behaviours in reducing recidivism. For example, Losel (1995)
made a review of 13 meta-analyses on offender treatment studies and found that all have positive effects.
Of greater relevance to the young offender population is the large-scale study made by Lipsey (1992). He
made a meta-analysis of 400 control or comparison group studies of treatment for delinquency since 1950,
involving over 40,000 subjects aged from 12 to 21 and found an average treatment effect of 10 % reduction inrecidivism. In fact, over 100 prisons in England are running such treatment programmes. In HKCS, the OBP
has been developed with the aim of reducing the recidivism rate of young offenders and helping offenders
develop a new set of values, attitudes and skills which are essential for pro-social adjustment.
There is a considerable body of evidence that suggests offenders as a group differ from non-offenders interms of a number of individual characteristics. Factors identified to be characteristic of persistent offenders
include egocentricity, rigid thinking, impulsivity, poor problem-solving abilities, low self-esteem and poor
emotional handling, just to name a few. For example, Ross and Fabiano (1985) showed that offenders had
deficits in their ability to conceptualize consequences, means-end reasoning, understanding the feelings ofothers, etc. J. McGuire (1999) focused on offenders’ poor interpersonal problem solving skills while J. Bush(1995) and Yochelson and Samenow (1976) pointed out deficits in thinking styles such as entitlement andvictim stance.
In short, offenders are undersocialized; they lack the values, attitudes and skills essential for a pro-social
way of life. Therefore, the OBP directs treatment efforts at those “criminogenic” factors, those aspects ofindividual characteristics conducive to offending behaviours. Apart from dealing with criminogenic factors,
the important risk factor of substance abuse is also one of the targets for treatment.
Substance abuse cannot be considered a direct criminogenic factor as it can hardly be categorized as anindividual characteristic, like impulsivity and egocentricity. However, it is likely that substance abuse will put
a person at a relatively higher risk of reoffending as substance abuse will magnify other criminogenic factors,
for example, by increasing a person’s impulsiveness, decreasing a person’s ability in consequential thinking,affecting a person’s problem solving skills and relaxing a person’s emotional control.
Being part of the OBP, modules on the prevention and treatment of substance abuse share the sameprime objective of recidivism reduction rather than focusing only on achieving abstinence or controlled useof substances. Lastly, the OBP also works on strengthening a person’s protective factors against crime.
Family, being the most prominent protective factor against crime, is one of the treatment targets.
Therefore, helping young offenders improve their family relationships and family communication is an
important element in OBP. Parallel to the work with young offenders, services are also rendered to parental
figures who would like to improve their communication and parenting skills with their young ones. The
content modules of the OBP are summarized in Appendix V.

106

139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS(i) Principles of Responsivity
To enhance programme effectiveness, the principles of responsivity were carefully considered andincluded when developing the OBP for young offenders (Antonowicz and Ross 1994).
Four important elements of responsivity, namely the employment of a consistent conceptual model,
Cognitive-Behavioral Therapy (CBT), employment of motivational techniques, the employment of the Risk
and Needs principles for programme matching and employment of materials and formats congruent withyoung offenders’ characteristics are integral parts of the programme.

(ii) Employment of the Risk/Need Principles
Research has shown that offender programmes are most effective when directed at offenders of relatively
higher risk of recidivism. In evaluating the overall risk of offenders both the static risk factors (behavioural
history) and the dynamic risk factors (changeable criminogenic needs and others) are taken together.
For programme matching, the dynamic needs take precedent as they are the changeable treatment
targets. Priority of participation in OBP is determined first by the level of need and then the level of static
risk of the offender.
To further refine the principle of risk and need, modules of the programme are matched to the different
specific needs of the offenders. For example, those with considerable need in the area of “criminal attitude”
would be matched to the module dealing with “Criminal Attitudes and Thinking Styles”. Those withconsiderable need on impulsivity may be matched to the module on “Problem Solving Skills” and “Anger
Management”.
With this double matching of offenders’ risk level and specific need areas to specific OBP Modules, theeffectiveness of the OBP should be enhanced.

(iii) Employment of Motivational Techniques in the Offending Behaviour Programme
Responsivity also depends greatly on young offenders’ motivational state. Motivational Interviewing has
been proven an effective strategy for offender intervention and is widely applied on treatment of addictive
behaviours (Miller, 1994, 1996, 1998, etc.). This directive, person-centred counselling method is powerfulin developing the intrinsic motivation of clients to change by helping them explore and resolve theirambivalence about change (Johnson, 2005).
In the design of programme activities for various modules of the OBP, the five basic principles ofmotivational interviewing, expressing empathy, developing discrepancy, avoiding argumentation, rolling withresistance, and supporting self-efficacy were applied, with special effort paid to suit the needs of the young
offender population.
Whereas empathy is an important attitude, the message is clearly conveyed that it is not the juvenile’s
offending behaviour that is accepted, but their person as a whole, and they are repeatedly guided to think ofreasons to desist offending for their own sake. Programme facilitators are well versed with the philosophy
and techniques of Motivational Interviewing and they are trained to listen reflectively and empathetically.
The discrepancy between their ideal future and realistic outcomes of repeated offending is developed in
the format of games and written exercises. This intentional creation of “cognitive dissonance” can serve as astrong drive for young offenders to make a decision to change their past anti-social lifestyle.
As young offenders are generally rebellious and many have a past history of problems and conflicts
with authority figures, it is particularly important not to play the expert role or argue with them, which
would cause resistance to develop. Therefore, the OBP is carefully designed and delivered to avoid being
judgmental and confrontational. For example, the metaphor of visual illusion has been used in the discussionof criminal thinking and joint effort in exploration of the pro-social alternatives.
To improve young offenders’ self-efficacy, activities are also designed to help offenders identify theirpersonal strengths. Together with presentation of cases (in the form of audio-visual materials) who havesuccessfully desisted, their self-efficacy in anticipating and working on self-improvement towards a non-107

RESOURCE MATERIAL SERIES No.78

offending life is enhanced.

(iv) Employment of a Consistent Conceptual Model (CBT)
Application of Cognitive-Behavioural Therapy has been found to be effective in the modification ofemotional disorders (Beck 1979), and applicable to the adolescent population (Kazdin, 1994), including
those with behavioural problems (e.g. Feindler & Ecton, 1994). In particular, a strong cognitive element was
identified as an ingredient for effective intervention in offending behaviour (Ross & Fabiano, 1985).
Cognitive Behavioural Therapy assumes that individuals would actively construct their reality. It ishypothesized that emotions, thoughts and behaviour are inter-related, while behaviours and emotions can beaffected and changed by thoughts. In addition, it is postulated that identification of attitude, expectancy andappraisal will help in the assessment of psychological and emotional problems.
When applying CBT in Offending Behaviour Programme design, psycho-education, skills training andskill rehearsals are applied. The interaction between thoughts, emotions and behaviour is initially introduced
through psycho-education. Such information serves to facilitate understanding the consequences of one’s
behaviour, in particular those related to offending behaviour.
Identification of one’s own thoughts and thinking style is an important element in the OBP. For example,
young offenders are helped to identify their common thinking and attitude behind offending behaviour
through selected illustrative examples and participation in games. They are helped to examine, selfchallenge and change their distorted criminal thinking.
Furthermore, participants are invited to identify their personal high risk factors of offending. Social
cognitive skills training then targets three different areas: cognition, behaviour and environment. They arethen provided with opportunities to practice adaptive coping skills for replacement of problematic behaviour.
Moreover, a good deal of cognitive restructuring and skills training are required to help young offenders
to cope with or avoid environmental risk factors. In addition, during skill rehearsals high risk offending
situations are re-constructed for clients and involve active participation in role-play, using both examples
from institution scenarios to enhance learning and practice, and community scenarios for generalization into
real life situations.

(v) Matching Programme Format and Design with Young Offender Characteristics
Young offender characteristics are carefully considered when developing and designing the OBP as young
offenders’ participation, responsiveness and involvement are crucial to the success of the programme.
Firstly, HKCS recognizes that young offenders are very much a heterogeneous group with great
individual differences in different aspects. To cater for individual differences, the OBP provides different
options in the format of OBP modules. The more open, disclosing and expressive clients may be more
ready to join small treatment or counselling groups of 8-10 persons while the more private and conservativeclients can join the self-help programme which allows much more personal space. There are CD-ROM
formats and a large class format to cater for clients with varying degrees of readiness for disclosure, open
discussion, open support or open criticism.
As most young offenders do not like complicated definitions, abstractions and intellectually taxing
exercises, difficult and abstract concepts are presented in the form of daily life examples supplemented withvisual presentations such as graphs and charts. For example, criminal attitudes are presented in common
daily anti-social behaviours and the strength of such attitudes is presented in the form of a bar chart.
To overcome young offenders’ fear of long-winded materials and to maintain their attention, a variety
of presentations are used in the programme. Presentations of ideas can be in the form of a video clip,
song, cartoon pictures, pamphlets with short phrases, short newspaper cuttings, magazine excerpts, andadvertisements, etc. Clients are allowed ample opportunity to be actively involved in different activities,
such as games, competitions, role plays, discussions, case analysis, drawings, etc.
As most young offenders are school failures and have a relatively unsophisticated level of literacy,
long articles are cut into small passages accompanied by graphics and pictures where appropriate. Simple

108

139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS

and colloquial language is used. And to compensate for their expressive ability, responses can be made in
the form of short sentences, questionnaires, multiple choices, yes/no answers, matching exercises anddrawings.
With considerations of the different characteristics of young offenders, it is hoped that young offenders
can become actively involved in the programme and hence more capable of overcoming their deficits,
learning new skills and consolidating and generalizing what they have learned in their rehabilitative process.

(vi) Effectiveness of the Offending Behaviour Programme
The OBP represents an evidence-based approach in the rehabilitation work of young offenders. A
careful review of research findings has confirmed not only the effectiveness of offender programmes but
also identified crucial elements of effectiveness. The OBP is developed by integrating local experiencesin the young offenders’ culture with Western findings on treatment effectiveness. It adopts the cognitivebehavioural conceptualization, focuses on the criminogenic needs of offenders, and addresses the
responsivity of young offenders, particularly their motivational level and characteristics. Integration of bothelements has shown promising results. Attempts to evaluate the effectiveness of individual modules of the
OBP were made and findings are generally positive.
2. Inmate-Parent Programme
It had been shown in many Western findings that the behavioural problems of youngsters wereassociated with family backgrounds. Dynamic factors regarding family relationships (Cashwell & Vacc, 1996)
particularly on the sufficiency and quality of parenting (McDonald & Frey, 1999; Chambers, et al., 2000,
Sanger, et al., 2004) and the parent-child bond (Widom, 1992; Yeung, 1997; and Thornberry, et al., 1999)
were found to be significant factors contributing to the criminal behaviour of youth. Family intervention,in the format of family therapy (Lipsey & Wilson, 1998), family empowerment (Dembo, et al., 2001), andsystematic skills training (Don Dinkmeyer, 1997), were found effective in reducing the recidivism of young
offenders.
The Inmate-Parent Program (IPP) was launched in June 1999 by the Psychological Unit of HKCS.
To enhance the competence of the parents and the offending children in relationship enhancement, theprogramme was delivered to both the parents and their children. Services for parents target: facilitating thereintegration of the young offenders into their families by enhancing the communication skills of the parents
and reducing young offenders’ risk of reoffending by strengthening the parents’ capability in supervising
their children. Apart from the captioned rich theoretical background of IPP, there were a number ofcharacteristics of the programme contributing to its success.

(i) Services for Parents
A survey was conducted in 1999 to explore the needs of the parents. Three hundred and seventy nineparents of young offenders participated in the survey. It was found that family communication (particularly
in conflict resolution, understanding the needs and feelings of children, and lowering the resistance ofchildren) and parenting skills (particularly in making children comply and meet their expectations as wellas handling anti-authority behaviour) were the major concerns of the parents. Seventy eight per cent of theparents expressed interest in joining the IPP. The most preferred formats of the IPP were talks, audio visualmaterials and counselling groups. The parents’ cognitive style, their ambivalence towards their children, andtheir other sources of stress were also considered in the programme design.
(ii) Easily Accessible and Needs-Matching Services
Parents, who are very often occupied by other life tasks, may not always be able to make use of theservices. Besides, their needs for services may vary. Hence, IPP was designed in different formats andwith different focuses. A letter was issued to all parents at the beginning of their children’s incarceration
publicizing the IPP. An Inmate-Parent Series in leaflet format was issued to target general skills. The
skills included family communications (namely initiating conversations and self-expression), parenting(namely reinforcement, punishment, and praising) and general guidance skills (namely importance of family,
emotional management, and helping children to stay away from substance abuse) were available in thevisitors’ room of young offenders institutions.

109

RESOURCE MATERIAL SERIES No.78

Parents were invited to participate in two in-depth skills training video seminars targeting
communications and parenting skills. Micro communication skills and conflict resolution skills wereintroduced in these video seminars. Finally, talks were conducted periodically on special topics like
“Enhancing children’s self-esteem”, “Effective handling of emotions”, and “Understanding children’s
substance abuse behaviour”. The parents could enroll in the programme when the programmes wereconducted in correctional institutions or in the downtown counselling room.

(iii) Emphasizing Motivational Enhancement
An effective programme for parents should firstly enhance the motivation of the participants so as toraise their receptiveness to the programme. The IPP had adopted a number of motivational enhancement
techniques to gain the parents’ participation. It included confrontations of cognitive distortions, facilitating
insights of the ineffectiveness of previous communication or parenting styles, emphasizing the effectivenessof the recommended techniques, and making use of models who shared similar personal characteristics withthe parents (e.g. like style of speech, their emotional state, etc.).
(iv) Emphasizing Skills Training
IPP made use of lively examples to repeatedly demonstrate the skills. There are always concrete andpractical steps for the parents to take in order to carry out each skill. A number of techniques attaining thesame goal of communication or parenting were available for parents to choose according to their personalstyles.
(v) Emphasizing Consolidations of Skills
For video seminars and talks, there were usually some guided discussions for the parents to consolidate
the skills learned. Complementary video compact discs (VCD) were granted to each participant for theirrevision of the skills in the future. Posters and reminder cards, with a summary of the communications andparenting skills, were issued for the participants as well.
(vi) Systematic Evaluations
Up to September 2005, a total of 7,705 copies of the Inmate-Parent Series had been issued while 2,274
participants had benefited from 153 video seminars or talks. The outcome evaluations on the video seminars
confirmed the effectiveness of skills training by video seminars and the complementary VCD as a booster.
In total 289 young offenders, selected by convenience sampling, participated in the evaluation. Simple
statistics and T-tests were performed. A customer satisfaction survey found that the parents perceived theprogramme as useful to them. They maintained a positive change of parenting and communication skills six
months after their participation in the programme. The children whose parents participated in the program
also viewed their parents as more competent in terms of parenting skills and as more affectionate in theirparent-child relationships. The positive findings in evaluations support continuous implementation of IPP in
young offender institutions.
(vii) Services for the Inmates
With family as a system, the reciprocal and dynamic interplay among parents and their children performs
a significant role in determining the quality of the family relationship. On such a ground, the IPP was not
only designed for parents of young offenders. As a parallel programme, it was tailor-made to fit the needs ofyoung offenders in enhancing the family relationship. With the same targets as the services for parents, the
IPP for young offenders aimed at (1) facilitating the reintegration of young offenders into their families and;(2) reducing young offenders’ risk of recidivism.
From Jan 2004 to July 2005, there were 1,569 young offenders admitted into HKCS. They aged from
14 to 20, with 74% of them having completed lower secondary educational level schooling. Regarding
their principal offences, quite a number of them (42%) committed offences against property while therest committed narcotics offences (15%), and offences against local law (15%), etc. The IPP was planned
according to the profile of these young offenders.

(viii) Programme Design Dependent on the Needs of the Young Offenders
Upon admission, each young offender would undergo a Risk and Need Assessment. Followed by theassessment, programme matching would be provided according to his or her needs. The IPP targeted110139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS

young offenders’ needs in the family domain. Nonetheless, programmes targeting other criminogenic
needs, namely the drug, criminal thinking and personal/emotional domains, also played peripheral roles
in supporting attitudinal change in the family relationship. For instance, improved emotional regulation
facilitated better conflict resolution in the family. Conversely, it is believed that the quality of family
relationships could have a dynamic impact on all these need domains.

(ix) Programme designed with Consideration for the Characteristics of Young Offenders
When designing the programme, consideration was given to the individual differences, cognitive ability,
attention span, educational level, language ability and motivational level of young offenders. As young
offenders used to have shorter attention spans, the programme applied appealing games to hold theirattention and to facilitate their learning in a more at-ease atmosphere. Role-play and interactive activities
were adopted to deepen their impression of certain abstract concepts in a more vivid presentation. For those
who had a lower educational level and weaker cognitive ability, the programme starts with more easy-tograsp concepts with frequent use of daily examples for illustration. Simple language matching with colourful
pictures, cartoons and graphics were used to make the reading more pleasant and amusing. Multiple
choice questions and matching were commonly used exercises so that most of the young offenders could
master the programme concepts well. For those who were relatively unmotivated, making use of the groupdynamics also facilitated their motivation to learn. Besides, all the programmes were run on a voluntarybasis. With the purpose of lowering their defences, young offenders were free to share their experiences in aharmonious and supportive environment.
(x) Different Modules for Service Matching
All the afore-mentioned means of learning were applied in both Group Counselling and Self-Help
Modules. In the Group Counselling, the learning was more interactive, with opportunity for the young
offenders to model each other. When young offenders mutually challenge and support each other in a group,
their participation is enhanced and their learning maximized. On the other hand, the Self-Help Program
was a highly individualized and personalized programme that could be implemented according to a young
offender’s progress and treatment plan. It made good use of self-reflective questions, audio-visual materials
and interactive exercises.
(xi) Emphasizing Motivational Enhancement
Motivational skills and strategies were adopted to stimulate young offenders to improve their family
communication. One of the core strategies was changing their attitude towards their parents throughperspective-taking exercises. For instance, young offenders were stimulated to find the similarity between
themselves and their parents and to understand the developmental background of their parents. By stepping
into the shoes of their parents, young offenders’ understanding of their parents’ behaviours and thinking
was enhanced. This in turn raised their acceptance of their parents. Besides, by using songs and recallingprevious positive family interactions, young offenders’ affiliations with their parents were enhanced. Veryoften, these contents were touching enough to impress upon the young offenders the inner apprehension ofparents.
(xii) Emphasizing Skills Training
Skill training started with the identification and correction of past communication errors. The
previous dysfunctional interactions between young offenders and their parents were examined. Cognitive
restructuring was introduced and practiced in order to change their old way of thinking and to develop
insight for new thinking. Communication skills like ice-breaking, starting a conversation, attentive listening,questioning, sharing of feelings, showing appreciation, etc. were then highlighted. Finally, the training on
conflict resolution was conducted. Young offenders were coached step by step in identifying the problem,
clarifying viewpoints, expressing expectation, making contracts, etc. in role-plays.
(xiii) Emphasizing Consolidation of Skills
As well as teaching verbal and non-verbal communication skills, role-plays of numerous scenarios werevideo-taped for comment and sharing among group participants. In order to consolidate the skills learnt, thevideo-taped role-plays of young offenders were discussed thoroughly one by one. This interesting evaluation
process further enhanced their insight and strengthened their learning.

111

RESOURCE MATERIAL SERIES No.78(xiv) Effectiveness of Inmate-Parent Program
The Inmate-Parent Program received positive and encouraging responses from both parents and theirchildren. It was promising in enhancing the family relationship of young offenders. Both parents and young
offenders mentioned the importance of parallel programmes in creating a mutual effort to improve family
communication and to modify family dynamics. Actually, effective family intervention for both young
offenders and their parents will help in reducing juvenile offending.

VI. CONCLUSION
Hong Kong has a juvenile justice system and correctional regimes that help, as far as possible, young
offenders to rehabilitate and reintegrate into society. However, these efforts alone cannot achieve successfulreformation. We need more to succeed.
Looking forward, we need to do more work to knit tightly together the four following factors: Quality
Custodial Services; Comprehensive Rehabilitative Services; Offenders’ Responsivity and Determination;
and Community Support.
By Quality Custodial Services, we mean: being one of the core business of HKCS, quality custodialservices manifest HKCS’ duty to provide a humane, secure, decent and healthy penal environment for young
offenders. Yet, it is not a simple task to sustain the correctional setting with good discipline and order as well
as detaining offenders in a stable and harmonious manner. It relies on professional teamwork across HKCS
as well as effective and efficient management systems.
For human resources management, HKCS has focused on maintaining a highly committed andmotivated workforce through the provisions of strategic development and training. Likewise, HKCS has
well-developed monitoring systems to assure all the relevant rules and regulations are complied with. In
addition, there are ongoing renovation and redevelopment projects to improve the penal environment and tomodernize facilities.
By Comprehensive Rehabilitative Services, we mean: as almost all young offenders will return tosociety, HKCS strives to help them rehabilitate and reintegrate as law-abiding citizens, so comprehensive
rehabilitative services are of paramount importance. Through timely and appropriate intervention, HKCS
aims to address young offenders’ offending behaviour and criminal thinking, improve their skills to makea living, and eventually help them reintegrate into society. To achieve such a purpose, our professionaland qualified staff deliver systematic and effective rehabilitation programmes, which cater for offenders’rehabilitative needs. To adopt an evidence-based and scientific approach in offender rehabilitation, HKCS willcontinue to work on the “Risks and Needs Assessment and Management Protocol for Offenders” which was
adopted in October 2006.
By Offenders’ Responsivity and Determination, we mean: apart from our foremost duty to provide
quality custodial services and comprehensive rehabilitative services, the process of rehabilitation would
not be successful without young offenders’ own effort. Their inner motivation and willingness to cherish
rehabilitation chances and to live a new life after discharge are an indispensable part of their successful
reintegration. Likewise, such motivation and willingness will directly affect the programme effectiveness. Ifthey can sustain their willingness to rehabilitate, it will be easier for them to resist temptation, remain lawabiding and leave the vicious cycle of reoffending.
Yet, their determination is affected by a myriad of independent but interlocking criminogenic, personaland socio-economic factors. While, HKCS has been strengthening its rehabilitative services to help
enhance young offenders’ responsivity towards the programmes offered, it also draws in non-governmentalorganizations (NGOs) to provide services to facilitate their reintegration into the community.
By Community Support, we mean: community support occupies a significant position in building a safer
and more inclusive society. In fact, the community’s understanding, acceptance and support could help stopthe vicious cycle of reoffending. The best way to achieve this is through continuous public education. Since
the nineties, HKCS has been actively involved in youth education, for example, through the “Personal
Encounter with Prisoners Scheme”, to promote crime prevention and offender rehabilitation. To enlist wider

112

139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS

public support and involvement, HKCS has been organizing various rehabilitation-related activities acrossthe community in recent years.
It would be unrealistic to say that crime can certainly be reduced or recidivism be prevented if the factors
aforementioned are being implemented effectively, but, we believe that when we have the right vision andmission that lead us ahead, we will be doing the right job for the ‘right’ persons.

113

RESOURCE MATERIAL SERIES No.78

REFERENCES
Antonowicz, D. H. & Ross, R. R. (1994). Essential components of successful rehabilitation programme
for offenders. International Journal of offender Therapy and Comparative Criminology. Vol. 38(2): 97-104.
Beck, A. T. (1979). Cognitive therapy and the emotional disorders. New York: New American Library.
Bush, J. (1995). Teaching self-risk management to Violent offenders. In J. McGuire (ed.) What works:
Effective methods to reduce re-offending. Sussess, England: Wiley.
D’Zurilla, T. J. & Nezu, A. M. (1992). Development and preliminary evaluation of the Social Problem
Solving Inventory, SPSI. Psychological Assessment, 2, 156-163.
Feindler, E. L. & Ecton, R. B. (1994). Adolescent anger control: cognitive-behavioral techniques. Boston:
Allyn and Bacon.
Johnson, W. R. (2005). Motivational Interviewing and Criminal Justice Populations. A presentation in the
Advanced Workshop on Motivational Interviewing in CSD, HKSAR.
Kazdin, A. E. (1994). Psychotherapy for Children and Adolescents. In Bergin, A. E. & Garfield, S. L. (ed.).
Handbook of psychotherapy and behavior change (4th ed.). New York: J. Wiley, pp. 543-594.
Lipsey, M.W. (1992) The effect of treatment on juvenile delinquents: Results from meta-analysis. In F.
Losel, D. Bender & T. Bliesener (ed.). Psychology and Law: International Perspectives. Berlin, New York:de Gruyter, pp.131-143.
Losel, F. (1995) The efficacy of correctional treatment: A review and synthesis of meta-evaluations. In
J. McGuire (ed.). What Works: Reducing Re-offending: Guidelines from Research and Practice. Chichester:John Wiley and Sons.
McGuire, J. (1999) Problem solving training: Pilot work with secure hospital patients. In Mason,
J, Mercer, D, Mckeown, M & McCann (eds.). Forensic Health care Planning: Directions & Dilemmas.
Edinburgh: Churchill Livingstone.
Miller, W. R. (1994). Motivational Interviewing: III. On the ethics of motivational intervention.
Behavioural and Cognitive Psychotherapy, 22, 111-123.
Miller, W. R. (1996). Motivational interviewing: Research, practice, and puzzles. Addictive Behaviors, 21,835-842.
Miller, W. R. (1998). Enhancing motivation for change. In W. R. Miller & N. Heather (Eds.), Treating
addictive behaviors: Processes of change (2nd ed.). New York: Plenum Press
Ross, R. R. & Fabiano, E. A. (1985). Time to think: A cognitive model of delinquency prevention andoffender rehabilitation. Johnson City, TN: Institute of Social Science and Arts.
Simourd, D. J. & Andrew, D. (1994). Correlates of delinquency: A look at gender differences. Forum on
Corrections Research, 6, 26-31.
Simourd, D. J. & Van de Ven, J. (1999). Assessment of criminal attitudes – Criterion related validity of the
Criminal Sentiments Scale-Modified and Pride in Delinquency Scale. In Criminal Justice and Behavior, 26,
No. 1, March 1999, 90-106.
Yochelson, S. & Samenow, S. E., (1976). The criminal personality, Vol. 1: A profile for change. New York,
Jason Aronson.

114

139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS

APPENDICES
I. OPERATION OF THE JUVENILE JUSTICE SYSTEM IN HONG KONG
Release due to insufficientevidence or otherconsiderations

Policeinvestigation

Action required

Police discretion

Minor offence, admission
to involvement, offender
aged under 18

Prosecution

Judicial
appearing/hearing

Police Superintendent’s
Discretion Scheme

Supervision under theJuvenile Protection Section

Guilt
deniedGuilt
admitted

Court hearing

Acquittal

Verdict

Sentencing

Discharge

Order to pay fines,
bond of good
behaviour, care andprotection order, etc.

Communitybased sentence

Custody115

RESOURCE MATERIAL SERIES No.78

II. CRIME STATISTICS
Comparison of 2008 and 2007 Crime Situation

7029
1325
5
98
1
2
402
703
151
552
282
144
38
90
10
160
3200
27
101
891
173
1826
109
391
630
209
580
178
402

7402
1293
2
122
414
704
152
552
272
163
37
69
13
107
3351
33
115
828
220
1939
115
596
640
188
629
204
425

2008 (Jan) Comparedwith 2007(Jan)
Numerical%
373 5.0
+
32 +
2.5
+
3 +
150.0
24 19.7+
1+2
12 2.9
1 0.1
1 0.7
+
10 +
3.7
19 11.7
+
1 +
2.7
+
21 +
30.4
3 23.1+
53 +49.5
151 4.5
6 18.214 12.2+
63 +7.6
47 21.4
113 5.8
6 5.2
205 34.4
10 1.6+
21 +11.2
49 7.826 12.7
23 5.4

460
462
18
123

462
533
58
124

-

2008
(Jan)
1.
2.
3.
4.

5.
6.

7.
8.
9.
10.
11.
12.
13.

14.
15.
16.
17.

18.

Overall Crime
Violent Crime
Homicide (1)All Robberies (1), including :- Robbery with Firearms- Robbery with Arms (Stun Guns)- Robbery with Pistol Like Object- Bank Robbery- Goldsmith/Watch Shop Robberies
Burglary
Wounding and Serious Assault (1)- Wounding- Serious Assault
Serious Narcotics Offences
Criminal Intimidation (1)Blackmail (1)Arson (1)Rape (1)
Indecent Assault (1)All Thefts, including :- Snatching- Pickpocketing- Shop Theft- Theft from Vehicle- Miscellaneous Thefts- Missing Motor Vehicles
Deception
Criminal Damage
Triad-related Crimes
Domestic Violence- Crime Cases- Miscellaneous Cases
Persons Arrested for Crime- Juveniles (aged 10 - 15)- Young Persons (aged 16 - 20)- Mainland Illegal Immigrants- Mainland Visitors

2007
(Jan)

2
71
40
1

-

0.4
13.3
69.0
0.8

Note :(1) Belongs to a type of violent crime.
Last revision date: April 24, 2008

Source: http://www.police.gov.hk/hkp-home/english/statistics/compare08.htm

116139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS

III. JUVENILES AND YOUNG PERSONS ARRESTED FOR CRIME (1997-2006)
JUVENILES AND YOUNG PERSONSARRESTED FOR CRIME, 1997 - 2006

10,000

PersonJuveniles (Aged 10 - 15)*

Young Persons (Aged 16 - 20)

8,000

6855

6,000

5964

7038
6613

6465
6229

5834

6145
5909

5486

6027
5335

6018

5812

5156
4897

4974
4780
4531
4510

4,000

2,000

0
97

98

99

00

01

02

03

04

05

06

Year
* Prior to July 2003, “juveniles” refers to those aged 7-15. Thereafter, due to the change of the minimum age ofcriminal liability, it refers to those aged 10-15.

117

RESOURCE MATERIAL SERIES No.78

IV. ADMISSION OF REMANDS / PRISONERS / INMATES BY CATEGORY
按還押犯 / 監獄囚犯 / 所員類別劃分的收納人數
Admission of Remands / Prisoners / Inmates by Category
類別 CATEGORY收納人數 ADMISSIONS

A. 還押犯 Remands

2005

男 MALE
2006

2007

2005

女 FEMALE
2006
2007

1. 聆訊的法院
For hearing in :(a) 區域法院 District Court
不足 21 歲 Under 21 Years
21 歲及以上 21 Years and over(b) 裁判法院 Magistrates’ Courts
不足 21 歲 Under 21 Years
21 歲及以上 21 Years and over

50
499

24
323

19
198

12
78

6
61

6
52

446
5746

493
6112

588
6424

194
2296

166
1942

153
1972

2. 於高等法院受審
For trial at the High Court
不足 21 歲 Under 21 Years
21 歲及以上 21 Years and over

4
49

2
23

2
27

2
8

0
3

0
6

3. 等候報告確定是否適合判入戒毒所
Pending suitability report for sentence to a drug
addiction treatment centre
不足 21 歲 Under 21 Years
21 歲及以上 21 Years and over

175
2004

212
1569

423
1850

25
337

23
257

50
335

4. 等候報告確定是否適合判入教導所 #Pending suitability report for sentence to a
training centre#
不足 21 歲 Under 21 Years

20

41

34

95

80

96

829
198

865
176

811
191

##

5. 等候報告確定是否適合判入勞教中心Pending suitability report for sentence to adetention centre##
不足 21 歲 Under 21 Years
21 歲及以上 21 Years and over
6. 等候報告確定是否適合判入更生中心
Pending suitability report for sentence to arehabilitation centre
不足 21 歲 Under 21 Years
小計 Sub-total :不適用 N.A.

不適用 N.A.

不適用 N.A.

不適用 N.A.

不適用 N.A.

不適用 N.A.

72

41

64

59

76

65

10092

9881

10631

3106

2614

2735

B. 定罪監獄囚犯 / 所員 Convicted Prisoners / Inmates
1. 判處監禁
Sentenced to imprisonment
不足 21 歲 Under 21 Years
21 歲及以上 21 Years and over

496
12831

384
11855

332
10783

1097
8775

828
7059

375
5261

2. 召回監獄
Recalled to a prison
不足 21 歲 Under 21 Years
21 歲及以上 21 Years and over

6
20

4
19

11
21

0
1

0
1

0
2

備註 : # 包括等候報告判人教導所 / 更生中心犯人
Notes :
Including those pending suitability reports for sentencing to a training / rehabilitation centre.
## 包括等候報告判人勞教中心 / 教導所 / 更生中心犯人
Including those pending suitability reports for sentencing to a detention / training / rehabilitation centre.

118

139TH INTERNATIONAL TRAINING COURSEPERTICIPANTS’ PAPERS

V. MODULES OF OFFENDING BEHAVIOUR PROGRAMME

OBP

Criminogenic

Protective Factors

Risk Factors

Drug Prevention

Criminal Thinking

Motivation Enhancement(Drug)

Problem Solving

Relapse Prevention(Drug)

Empathy Training
Emotional Handling

Relapse Prevention(Crime)FamilyMoral Enhancement

InmateParents (IPP)

Motivation Enhancement(Crime)119