||Title:||OFFENCES AGAINST THE PERSON ORDINANCE||Gazette Number:|
|Section:||27||Heading:||Ill-treatment or neglect by those in charge of child or young person||Version Date:||30/06/1997|
(1) If any person over the age of 16 years who has the custody, charge or care of any child or young person under that age wilfully assaults, ill-treats, neglects, abandons or exposes such child or young person or causes or procures such child or young person to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause such child or young person unnecessary suffering or injury to his health (including injury to or loss of sight, or hearing, or limb, or organ of the body, or any mental derangement) such person shall be guilty of an offence and shall be liable- (Amended 50 of 1991 s. 4)
and for the purposes of this section a parent or other person over the age of 16 having the custody, charge or care of a child or young person under that age shall be deemed to have neglected him in a manner likely to cause injury to his health if he fails to provide adequate food, clothing or lodging for the child or young person, or if, being unable otherwise to provide such food, clothing or lodging, he knowingly and wilfully fails to take steps to procure the same to be provided by some authority, society or institution which undertakes to make such provision for necessitous children or young persons.
(a) on conviction on indictment to imprisonment for 10 years; or (Amended 22 of 1950 Schedule; 68 of 1995 s. 51)
(b) on summary conviction to imprisonment for 3 years, (Amended 68 of 1995 s. 51)
(2) A person may be convicted of an offence under this section, either on indictment or by a court of summary jurisdiction, notwithstanding that actual suffering or injury to health or the likelihood of such suffering or injury to health was obviated by the action of another person.
(3) A person may be convicted of an offence under this section, either on indictment or by a court of summary jurisdiction, notwithstanding the death of the child or young person in respect of whom the offence is committed.
(Added 9 of 1913 s.2)
[cf. 1908 c.67 s.12 U.K.]