Hong Kong
- Mio Hung
- Jun 15
- 3 min read
Updated: Jul 10
Institutional Management overall statistics for Hong Kong corrections including overall penal population, self-harm incidents and suicides in custody.
The Age of Criminal Responsibility
< 10 years | 11 - 14 years | 15 -16 years |
- the minimum age of criminal responsibility - doli incapax (incapable of committing a crime) | Grey area | Young person |
Diversionary Programs (Alternatives to Prosecution)
Police Superintendents' Discretion Scheme (PSDS)(「警司警誡計劃」): To decide whether the case is suitable to be dealt with by way of PSDS, the following factors must be fulfilled / considered:
○ The evidence available is sufficient to support a prosecution;
○ The offender voluntarily and unequivocally admits the offence;
○ The offender and his/her parents or guardians agree to the cautioning;
○ The nature, seriousness and prevalence of the offence;
○ The offender's previous criminal record; and
○ The attitude of the complainant.
○ The offense is generally minor such as:
1. Shoplifting (店鋪盜竊): Especially for small value items.
2. Common Assault (普通襲擊): Not involving serious injury.
3. Criminal Damage (刑事毀壞): Such as minor vandalism or graffiti.
4. Theft (盜竊): Of low value items.
5. Minor fighting/Affray (輕微打架/在公眾地方打鬥): Not escalating to serious violence.
6. Possession of an offensive weapon in a public place (藏有攻擊 性武器): Provided the circumstances and the nature of the "weapon" are not highly dangerous and the intent is not malicious.
7. Begging (乞討).
8. Loitering (遊蕩).
Children may be referred to:
1. Police Juvenile Protection Section (JPS)
2. the Social Welfare Department (SWD)
3. non-governmental organizations (NGOs) for counseling, support, and guidance *NGO E.G. The Society of Rehabilitation and Crime Prevention, Hong Kong (SRCP)香港善導會 The Society of Rehabilitation and Crime Prevention, Hong Kong (since 1957)
Juvenile Courts (under Magistrates' Courts(裁判法院)) *
While the Juvenile Courts in Hong Kong handle the vast majority of offenses committed by those under 16, homicide cases (murder and manslaughter) involving children and young persons are not heard in Juvenile Courts.
Sentencing Options for Young Offenders
REF. ap. 226 Juvenile Offenders Ordinance!!
If a young person is convicted, the courts have a range of sentencing options, often with a rehabilitative focus:
1. Discharge, absolute or conditional discharge (with conditions to be met over a specified period).
2. Fines imposed for less serious offenses.
3. Probation Order
Places the young person under the supervision of a probation officer, with conditions
like regular reporting, counseling, and participation in programs.
4. Community Service Order
Requires the young person to perform unpaid work for the benefit of the community.
5. Binding Over
Requires the young person to keep the peace and be of good behavior for a
specified period, often with a financial penalty if breached.
6. Custodial Sentences (for more serious offenses, or when other options are
deemed unsuitable):
○ Detention Centres: Emphasize strict discipline, strenuous training, and a
vigorous routine for young male offenders aged 14-20 (and young adults
aged 21-24). Shorter periods of detention followed by supervision.
○ Training Centres Ordinance REF. Cap. 280!
Provide correctional training, education, and vocational training for young
offenders aged 14-20. Longer detention periods (6 months to 3 years)
followed by statutory supervision.
○ Rehabilitation Centres Ordinance REF. Cap. 567!
A newer option (since 2002) for offenders aged 14-20 who require a short
custodial sentence but are not suited to detention or training centers. Involves
two phases of detention followed by supervision.
○ Drug Addiction Treatment Centres
For young offenders with drug addiction issues, focusing on therapeutic
treatment, discipline, and work programs.
*Zhengsheng Colleg (正生書院) is closely related to Hong Kong's youth justice
system, but it's not a judicial body itself.
○ Reformatory Schools and Probation Homes
Administered by the Social Welfare Department, these provide residential
training and social work intervention for maladjusted children/juveniles and
young offenders. An example is the Tuen Mun Children and Juvenile Home.
Details of individual rulings are available at: https://legalref.judiciary.hk/lrs/common/ju/judgment.jsp
Rehabilitation and Welfare Focus
● A core principle of Hong Kong's youth justice system is:
"disciplinary welfare" model
= balance discipline and control (punishment/accountability) & welfare and
rehabilitation (support/reform)
● READ:
1. Starke, P., & Wenzelburger, G. (2024). Disciplinary welfare and the punitive turn in criminal justice: Parallel trends or communicating vessels?. Journal of European Social Policy, 34(3), 255-270.
2. Gray, P. (1997). The emergence of the disciplinary welfare sanction in Hong Kong. The Howard Journal of Criminal Justice, 36(2), 187-208.
● E.G. Juvenile Courts
Police Superintendents' Discretion Scheme (PSDS) - need SP approval Correctional Facilities Probation and Social Welfare Department Involvement
Recommended Reading Lists / Useful Links
1. CONSULTATION PAPER ON THE AGE OF CRIMINAL RESPONSIBILITY IN HONG KONG https://www.hkreform.gov.hk/en/docs/age-e.pdf
2. All HK Laws can be founded https://www.elegislation.gov.hk/
3. All HK Law cases can be founded https://legalref.judiciary.hk/lrs/common/ju/ps.jsp?L1=FA
4. Social Welfare Department Services for Offenders https://www.swd.gov.hk/en/pubsvc/offdr/
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