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

1. Short title
This Ordinance may be cited as the Juvenile Offenders Ordinance.

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires—
child (兒童) means a person who is, in the opinion of the court having cognizance of any case in relation to such person, under the age of 14 years;
detention order (拘留令) means an order of detention under section 14(1); (Added 11 of 1977 s. 2)
guardian (監護人), in relation to a child or young person, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person;
Panel (小組) means the Juvenile Courts Advisory Panel appointed under section 3B(2); (Added 15 of 1973 s. 3)
place of detention (拘留地方) means a place of detention appointed under section 16; (Added 15 of 1973 s. 3)
recall order (召回令) means an order made under section 14B(1) requiring a child or young person to return to a place of detention; (Added 11 of 1977 s. 2)
supervision order (監管令) means an order for supervision made under section 14A(1); (Added 11 of 1977 s. 2)
young person (少年人) means a person who is, in the opinion of the court having cognizance of any case in relation to such person, 14 years of age or upwards and under the age of 16 years.
(Amended 8 of 1960 s. 2) [cf. 1908 c. 67 s. 131 U.K.]
(2) References in this Ordinance to a finding of guilty shall be construed as including references to a plea of guilty and an admission that an offence has been committed. (Added 15 of 1973 s. 3) [cf. 1933 c. 12 s. 107(2) U.K.]

3. Age of criminal responsibility
It shall be conclusively presumed that no child under the age of 10 years can be guilty of an offence.
(Replaced 15 of 1973 s. 4. Amended 6 of 2003 s. 2)[cf. 1933 c. 12 s. 50 U.K.]

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

3A. Juvenile courts
(1) Courts constituted in accordance with this section and sitting for the purpose of hearing any charge against a child or young person or for the purpose of exercising any other jurisdiction conferred on juvenile courts by or under this or any other Ordinance shall be known as juvenile courts.
(2) A juvenile court shall consist of a permanent magistrate appointed by the Chief Justice.
(3) A juvenile court shall have jurisdiction to hear and determine a charge against a child or young person of any offence other than homicide.
(4) A juvenile court shall have all the powers of a permanent magistrate and, subject to this Ordinance, the Magistrates Ordinance (Cap. 227) shall apply to proceedings before a juvenile court as it applies to proceedings before a magistrate.
(Added 15 of 1973 s. 4)[cf. 1933 c. 12 s. 45 U.K.]

3B. Juvenile court may take advice as to method of dealing with juvenile
(1) A juvenile court may, in determining the method of dealing with a child or young person who has been found guilty of any offence, take the advice of 2 persons selected by the court from the Panel.
(2) For the purposes of subsection (1), the Chief Justice may, after consultation with the Secretary for Home and Youth Affairs, appoint a panel of persons, which shall be known as the Juvenile Courts Advisory Panel. (Amended L.N. 144 of 2022)
(3) Notice of the appointment of any person to the Panel shall be published in the Gazette.
(Added 15 of 1973 s. 4)

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

3C. Assignment of certain matters to juvenile courts
(1) Subject as hereinafter provided, no charge against a child or young person shall be heard by a court of summary jurisdiction which is not a juvenile court.
(2) Notwithstanding subsection (1)—
(a) a charge made jointly against a child or young person and a person who has attained the age of 16 years shall be heard by a court of summary jurisdiction other than a juvenile court;
(aa) a court of summary jurisdiction other than a juvenile court may hear a charge against a child or young person if he is charged—
(i) with aiding, abetting, causing, procuring, allowing or permitting an offence with which a person who has attained the age of 16 years is charged at the same time; or
(ii) with an offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which a person who has attained the age of 16 years is charged at the same time; (Added 13 of 1995 s. 48)
(b) where a child or young person is charged with an offence, the charge may be heard by a court of summary jurisdiction which is not a juvenile court if a person who has attained the age of 16 years is charged at the same time with aiding, abetting, causing, procuring, allowing or permitting that offence; and
(c) where, in the course of any proceedings before any court of summary jurisdiction other than a juvenile court, it appears that the person to whom the proceedings relate is a child or young person, nothing in this subsection shall be construed as preventing the court, if it thinks fit so to do, from proceeding with the hearing and determination of those proceedings.
(3) No direction, whether contained in this or any other Ordinance, that a charge shall be brought before a juvenile court shall be construed as restricting the powers of any judge, District Judge or magistrate to entertain an application for bail or for a remand, and to hear such evidence as may be necessary for that purpose.
(Added 15 of 1973 s. 4)[cf. 1933 c. 12 s. 46 U.K.]