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

9. Attendance at court of parent of child or young person charged with an offence, etc.
(1) Subject to subsection (1A), where a child or young person is charged with any offence or is brought before a court under the provisions of this or any other Ordinance, his parent or guardian shall, unless the court otherwise orders, attend before the court during all stages of the proceedings; and the court may compel the attendance of the parent or guardian as if he were required as a witness in the proceedings. (Replaced 15 of 1973 s. 9)
(1A) If it appears to a court to be necessary to do so in the interest of a child or young person, the court may require his parent or guardian to withdraw from the court. (Added 15 of 1973 s. 9)
(2) Where a child or young person is arrested, the police officer by whom he is arrested or the officer in charge of the police station to which he is brought shall, if the parent or guardian lives within a reasonable distance and can be found, cause him to be warned to attend at the court before which the child or young person will be brought.
[cf. 1933 c. 12 s. 34 U.K.]

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

10. Power to order parent to pay fine, etc. instead of child or young person
(1) Where a child or young person is charged before any court with any offence for the commission of which a fine, damages or costs may be imposed, and the court is of opinion that the case would be best met by the imposition of a fine, damages, or costs, whether with or without any other punishment, the court may in any case, and shall if the offender is a child, order that the fine, damages, or costs awarded be paid by the parent or guardian of the child or young person instead of by the child or young person, unless the court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the child or young person.
(2) Where a child or young person is charged with any offence, the court may order his parent or guardian to give security for his good behaviour.
(3) Where a court thinks that a charge against a child or young person is proved, the court may make an order on the parent or guardian under this section for the payment of a fine, damages, or costs or requiring him to give security for good behaviour, without proceeding to the conviction of the child or young person.
(4) No order shall be made under this section unless the parent or guardian has been given opportunity of being heard. (Replaced 15 of 1973 s. 10)
(5) Any sums imposed and ordered to be paid by a parent or guardian under this section or on forfeiture of any such security as aforesaid, may be recovered from him by distress or imprisonment in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child or young person was charged.
(6) A parent or guardian may appeal against an order of a juvenile court under this section in manner prescribed by Part VII of the Magistrates Ordinance (Cap. 227), the provisions of which Part shall apply to any such appeal.
[cf. 1908 c. 67 s. 99 U.K.]

11. Restrictions on punishment of children and young persons
(1) No child shall be sentenced to imprisonment or committed to prison in default of payment of a fine, damages, or costs.
(2) No young person shall be sentenced to imprisonment if he can be suitably dealt with in any other way. (Amended 15 of 1973 s. 11)
(3) A young person sentenced to imprisonment shall not be allowed to associate with adult prisoners.
(4) (Repealed 50 of 1991 s. 4)[cf. 1908 c. 67 s. 102 U.K.]

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

12. Detention in case of certain crimes committed by children or young persons
Notwithstanding anything in this Ordinance to the contrary, when a child is convicted on indictment of manslaughter or where a young person is convicted on indictment of an attempt to murder, or of manslaughter, or of wounding with intent to do grievous bodily harm, the court may sentence the offender to be detained for such period as may be specified in the sentence; and where such a sentence is passed the child or young person shall, during that period, notwithstanding anything in the provisions of this Ordinance, be liable to be detained in such place and on such conditions as the Chief Executive may direct, and whilst so detained shall be deemed to be in legal custody.
(Amended 15 of 1999 s. 3)[cf. 1908 c. 67 s. 104 U.K.]

13. Provisions as to discharge of children or young persons detained in accordance with directions of the Chief Executive
(1) A person in detention pursuant to the directions of the Chief Executive under section 12 may, at any time, be discharged by the Chief Executive on licence.
(2) A licence may be in such form and may contain such conditions as the Chief Executive may direct.
(3) A licence may at any time be revoked or varied by the Chief Executive and where a licence has been revoked the person to whom the licence related shall return to such place as the Chief Executive may direct, and if he fails to do so may be apprehended without warrant and taken to that place.
(Amended 15 of 1999 s. 3)[cf. 1908 c. 67 s. 105 U.K.]

14. Detention in place of detention
(1) Where a child or young person—
(a) is found guilty of an offence punishable in the case of an adult with imprisonment; or
(b) would be liable if he were an adult to be imprisoned in default of payment of any fine, damages or costs,
and the court considers that no other method in which the case may be dealt with is suitable, the court may order that he be detained in a place of detention.
(2) A child or young person ordered to be detained in a place of detention shall be so detained for such period not exceeding 6 months from the date of such order as the Director of Social Welfare may determine:
Provided that the period of detention shall not exceed the maximum term of imprisonment to which the child or young person would have been liable, if he were an adult, for the offence of which he was found guilty or in default of payment of the fine, damages or costs, as the case may be.
(Replaced 15 of 1973 s. 12)