Safeguards in place to protect the rights of Hong Kong children arrested for breaking the law during anti-government protests

The rights of young offenders are in the spotlight with around 140 protesters aged below 16 having been arrested in Hong Kong’s ongoing anti-government unrest. Three were sent to a home for children and youth when they should have returned to school in September. Two of them were released after their families applied for a judicial review of their cases, but the third remained at the home for almost a month. With no end in sight to the protests, and more arrests being made, there have been concerns about the rights of Hong Kong’s youngest detainees. 1. How old are the youngest protesters arrested? As of October 21, around 140 minors arrested aged between 12 and 15, according to figures obtained by the Post. Seven 12-year-olds were arrested between June 9 to October 17 for offences including unlawful assembly, causing criminal damage and covering their faces while at an unlawful assembly. Sources said a 12-year-old boy who was about to start his first year at a Chai Wan secondary school was arrested for taking part in an unlawful assembly in Tsuen Wan, after an approved march turned violent. 2. How are young detainees treated? Senior Superintendent Steve Li Kwai-wah of the Organised Crime and Triad Bureau said special protocols are followed when officers deal with minors. For example, the parents must be present when their child makes a statement to officers. If the parents are not available, an “appropriate adult” of the same gender as the child will have to be present. The appropriate adult is also present if police have to conduct a search on a young detainee. To protect the children, they are not detained together with adults, Li said. 3. Are there special cases? If the police believe a child needs protection or care, they may apply to the juvenile court for an appropriate order. As of October 16, four youngsters who were arrested were sent to the Tuen Mun Children and Juvenile Home, after police sought care and protection orders. All have been discharged. Amid protesters’ attacks, 500 ATMs out of service for the weekend According to the University of Hong Kong’s Law and Technology Centre, a person in custody should be taken before a magistrate as soon as possible, and generally within 48 hours of arrest. The same applies to minors, said human rights lawyer Kenneth Lam. Lawyers and family members should be able to meet the child, provided it causes no obstruction to investigations. 4. How do other jurisdictions handle young offenders? According to the Youth Justice Legal Centre, part of the British charity Just for Kids Law, anyone under 18 should have an appropriate adult to support them if they are arrested. The adult will be present if officers need to conduct a body search under the outer layer of clothing. If the young person is interviewed by police, the adult will be present, together with the lawyer. Police should not hold youngsters for more than 24 hours without charging them unless the case is “really serious”, the centre added. Justice for Children and Youth, a non-profit legal aid clinic in Canada, said young people between the ages of 12 and 17 have the right to have a lawyer and their parents or an adult with them before and while they make a statement. Police are also obliged to inform the young person about a free criminal legal service that is available. 5. What is the Tuen Mun Children and Juvenile Home like? The home comes under the Social Welfare Department and serves multiple roles such as shelter, remand home and reformatory school for as many as 388 young people. It provides education and vocational training, as well as individual counselling services. A department spokesman said parents or guardians may visit the children for up to 45 minutes a day on weekdays. Lawyers may meet the youngsters in the presence of their parents or guardians on any day of the week with no time limit, with the approval of the probation or social welfare officer responsible for the case. The spokesman said residents usually attend classes in the morning and afternoon on weekdays, and they have other activities after school and during weekends. Teachers from the Vocational Training Council assess the children’s academic levels and learning needs to match them with suitable classes. The lessons include Chinese, English, maths, whole-person development and physical education, he said. Class sizes are usually between three and six. The home is monitored by Justices of the Peace (JPs), who make unannounced monthly visits. JPs are people who have made significant contributions to society and they visit prisons and detention centres to make sure those in custody are treated fairly.

Safeguards in place to protect the rights of Hong Kong children arrested for breaking the law during anti-government protests

.css-1mniedq{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;} Children as young as 12 arrested for unlawful assembly or wearing masks in public Special protocols for dealing with minors; police can apply to send them to children’s homes

Children as young as 12 arrested for unlawful assembly or wearing masks in public

Special protocols for dealing with minors; police can apply to send them to children’s homes