### Juvenile Offenders Ordinance 《少年犯條例》

3D. Procedure in juvenile courts
(1) Juvenile courts shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on them by this or any other Ordinance.
(2) A juvenile court shall not sit in a room in which sittings of a court other than a juvenile court are held if a sitting of that other court has been or will be held within an hour before or after the sitting of the juvenile court.
(3) No person shall be present at any sitting of a juvenile court except—
(a) officers of the court;
(b) parties to the case before the court, their solicitors and counsel, and witnesses and other persons directly concerned in that case;
(c) bona fide representatives of newspapers or news agencies;
(d) such other persons as the court may specially authorize to be present.
(4) Notwithstanding subsection (3)(c) a juvenile court may exclude any representative of a newspaper or news agency from any sitting thereof if it considers it is necessary to do so in the interests of the child or young person in question. (Amended 68 of 1995 s. 11)
(Added 15 of 1973 s. 4)[cf. 1933 c. 12 ss. 47 & 49 U.K.]

3E. Miscellaneous provisions as to powers of juvenile courts
(1) A juvenile court sitting for the purpose of hearing a charge against a person who is believed to be a child or young person may proceed with the hearing and determination of the charge notwithstanding that it is discovered that the person in question is not a child or young person.
(2) The attainment of the age of 16 years by a person—
(a) under supervision by virtue of a probation order made under the Probation of Offenders Ordinance (Cap. 298); or
(b) in whose case an order for conditional discharge has been made,
shall not deprive a juvenile court of jurisdiction to—
(i) enforce his attendance and deal with him for any contravention of the requirements of the probation order or for the commission of a further offence; or
(ii) amend or discharge the probation order.
(3) When a juvenile court has remanded a child or young person for information to be obtained about him, any juvenile court may—
(a) in his absence extend the period for which he is remanded, so, however, that he appears before a court at least once in every 21 days; and
(b) when the required information has been obtained, deal with him finally.
(Added 15 of 1973 s. 4)[cf. 1933 c. 12 s. 48 U.K.]

### Juvenile Offenders Ordinance 《少年犯條例》

3F. Power of other courts to remit juvenile offenders to juvenile courts
(1) If a child or young person is found guilty of an offence other than homicide by any court other than a juvenile court, the court shall, unless satisfied that it would be undesirable to do so, remit the case to a juvenile court; and where any such case is so remitted the offender shall be brought before the juvenile court accordingly, and that court may deal with him in any way in which it might have dealt with him if he had been tried and found guilty by that court.
(2) Where any case is so remitted—
(a) the offender shall have the same right of appeal against any order of the juvenile court to which the case is remitted as if he had been found guilty by that court, but shall have no right of appeal against the order of remission; and
(b) any appeal against the finding of guilt shall be made in accordance with the provisions for appeal against the finding of the remitting court and the time within which such appeal shall be made shall run from the date of the final order of the juvenile court to which the case was remitted.
(3) A court by which an order remitting a case to a juvenile court is made under this section may give such directions as appear to be necessary for the custody of the offender or for his release on bail until he can be brought before the juvenile court, and shall cause to be transmitted to the juvenile court a certificate setting out the nature of the offence and stating that the offender has been found guilty thereof, and that the case has been remitted for the purpose of being dealt with under this section.
(Added 15 of 1973 s. 4)[cf. 1933 c. 12 s. 56 U.K.]

4. Bail of children and young persons arrested
Where a person apparently under the age of 16 years is apprehended, with or without warrant, and cannot be brought forthwith before a juvenile court, an inspector of police, or other police officer of equal or superior rank, or the officer in charge of the police station to which such person is brought, shall inquire into the case, and may in any case, and—
(a) unless the charge is one of homicide or other grave crime; or
(b) unless it is necessary in the interest of such person to remove him from association with any undesirable person; or
(c) unless the officer has reason to believe that the release of such person would defeat the ends of justice,
shall release such person on a recognizance, with or without securities, for such amount as will, in the opinion of the officer, secure the attendance of such person upon the hearing of the charge, such recognizance being entered into by him or by his parent or guardian or other responsible person.
[cf. 1908 c. 67 s. 94 U.K.]

### Juvenile Offenders Ordinance 《少年犯條例》

5. Custody of children and young persons not released on bail after arrest
Where a person apparently under the age of 16 years having been apprehended is not so released as aforesaid, the officer in charge of the police station to which such person is brought shall cause him to be detained in a place of detention until he can be brought before a juvenile court unless the officer certifies—
(a) that it is impracticable to do so; or
(b) that he is of so unruly or depraved a character that he cannot be safely so detained; or
(c) that by reason of his state of health or of his mental or bodily condition it is inadvisable so to detain him,
and the certificate shall be produced to the court before which the person is brought.
(Amended 15 of 1973 s. 5)[cf. 1908 c. 67 s. 95 U.K.]

6. Separation of children and young persons in police stations, courts, etc.
(1) No child or young person while—
(a) detained in a police station;
(b) being conveyed to or from any criminal court; or
(c) waiting before or after attendance in any criminal court,
shall be permitted to associate with an adult (not being a relative) who is charged with any offence other than an offence with which the child or young person is jointly charged.
(2) Any girl (being a child or young person) shall, while so detained, being conveyed or waiting, be under the care of a female.
(Replaced 15 of 1973 s. 6)[cf. 1933 c. 12 s. 31 U.K.]

7. Remand or committal to custody in a place of detention
(1) A court on remanding or committing for trial a child or young person who is not released on bail shall commit him to custody—
(a) in the case of a child, in a place of detention;
(b) in the case of a young person, in a place of detention or a training centre established under the Training Centres Ordinance (Cap. 280). (Replaced 15 of 1973 s. 7)
(2) A commitment under this section may be varied, or, in the case of a young person who proves to be of so unruly a character that he cannot be safely detained in such custody, or to be of so depraved a character that he is not a fit person to be so detained, revoked by any court, and if it is revoked the young person may be committed to prison.
[cf. 1908 c. 67 s. 97 U.K.]