Hong Kong prosecutors should treat children as children

The Hong Kong Department of Justice faces criticism for its handling of cases involving minors, particularly the lengthy delays that result in juveniles being tried as adults. The case of Ami Chan, arrested at age 15 in 2019 for possessing laser pointers and spray paint, exemplifies this systemic problem.

Chan, who was a minor at the time of her arrest, later moved to Australia. Upon returning to Hong Kong earlier this year, she was charged with offenses related to her rucksack's contents. The delay meant that by the time her case reached court, she was an adult, losing the distinct legal protections and sentencing considerations afforded to juveniles.

This practice stands in contrast to the intended purpose of juvenile justice systems, which aim for a less abrasive approach to young defendants. Historically, such cases were heard promptly, often within weeks of the alleged offense, ensuring the accused remained under the purview of juvenile law. The current situation in Hong Kong, where cases routinely take years to reach trial, undermines these protections.

While prosecutors might argue that Chan's absence from Hong Kong contributed to the delay, the article contends that citizens are not obligated to remain in the jurisdiction solely to await the slow wheels of justice. The extended five-year period has not only removed Chan from juvenile court but also from the benefit of sentencing guidelines for those under 21, raising serious questions about fairness and the efficacy of Hong Kong's legal processes for young people.