Avoiding early intrusion in the lives of children : the need for juvenile justice reform in Hong Kong

In Hong Kong, children under the age of 10 are currently fully and legally excused from criminal responsibility. For children aged between 10 and 14, Hong Kong follows the English common law rule of a rebuttable presumption of doli incapax, although this presumption was abolished by section 34 of the Crime and Disorder Act 1998. However, vexing questions such as "At what age should young children be held responsible for criminal acts?", "Should the age of criminal responsibility be raised from 10 to 14?", and "Should the principle of doli incapax be abolished in Hong Kong?" have been raised by the public and youth justice personnel. The aim of this paper is to examine some of the issues surrounding the age of criminal responsibility in Hong Kong, thereby highlighting the need for juvenile justice reform.