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Opinion | Hong Kong should follow mainland China’s more progressive approach to juvenile justice
- Beijing prioritises education and reform over punishment for young offenders, an approach proven by research to be the most effective
- Instead, Hong Kong has been more inclined in recent years towards harsher punishments for youths, which only increases the chances of reoffending
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Since the arrest of thousands of youths during the social unrest of 2019-20, debate has raged on how Hong Kong’s legal system should deal with young offenders.
Those youngsters who took part in the unrest certainly do not deserve special treatment; society, and particularly the victims of the radicals, suffered great harm as a result of the violent protests.
However, young offenders in general should be treated more leniently than adults. My arguments are threefold.
First, scientific research on brain development suggests that young offenders could be regarded as less culpable. As young people’s cognitive capacity is still developing, they are less able to perceive risks, manage emotions, control impulses and evaluate the long-term consequences of their actions.
Young people are also more prone to commit crimes as a form of experimentation or when pressured by peers. As a result, their culpability and the case for retribution are arguably lower.
Second, imposing harsh sentences on young people is likely to be counterproductive. Rehabilitation and reform have long been recognised by the courts as legitimate sentencing factors. Young people should be given a chance; they are more likely to benefit from a rehabilitative approach.
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