To amend the law relating to the protection of children and juveniles.
(Amended 25 of 1993 s. 2)
[5 January 1951]
(Format changes—E.R. 2 of 2020)
This Ordinance may be cited as the Protection of Children and Juveniles Ordinance.
(Amended 25 of 1993 s. 3)
In this Ordinance, unless the context otherwise requires—
approved social worker (認可社工) means a social worker approved by the Director of Social Welfare as possessing the appropriate qualification and experience to make an assessment of a child or juvenile pursuant to section 45A; (Added 25 of 1993 s. 4) child (兒童), young person (少年人), and juvenile court (少年法庭) have the meanings assigned to them by the Juvenile Offenders Ordinance (Cap. 226); juvenile (少年) means a person who is, in the opinion of a court or a person exercising any power under this Ordinance, 14 years of age or upwards and under the age of 18 years; (Added 32 of 1978 s. 2) marriage (婚姻) includes non-Christian customary marriages duly celebrated according to the personal law and religion of the parties; (Amended E.R. 2 of 2020) place of refuge (收容所) means any place declared by the Chief Executive under section 2A to be a place of refuge; (Replaced 44 of 1965 s. 2. Amended 66 of 1999 s. 3) supervision order (監管令) means an order made under section 34(1)(d) placing a child or juvenile under supervision, and supervised person (受監管人) and supervisor (監管人員), in relation to a supervision order, mean respectively the child or juvenile placed or to be placed under supervision by the order and the person under whose supervision he is placed or to be placed under the order. (Added 32 of 1978 s. 2)(Amended 1 of 1978 s. 8; 25 of 1993 s. 4)
The Chief Executive may by order declare any place to be a place of refuge for the purposes of this Ordinance.
(Added 44 of 1965 s. 3. Amended 66 of 1999 s. 3)
Where the age of any person at any time is material for the purposes of any provision of this Ordinance empowering the District Court or a juvenile court to make an order with respect to such person, his age at the material time shall be deemed to be or to have been that which appears to such court, after considering any available evidence, to be or to have been his age at that time.
(Added 33 of 1979 s. 2)
[cf. 1948 c. 58 s. 80(3) U.K.]
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
Any police officer, not being below the rank of sergeant, who is authorized generally in writing for that purpose by the Commissioner of Police, and any person who is authorized generally in writing for that purpose by the Director of Social Welfare, may at all times, without notice, enter and demand to see and interrogate any or all the inmates of any place on land or water which he may have reason to believe is used as a lodging house for prostitutes or as a brothel or in connection with which he may have reason to believe that an offence has been committed under this Ordinance.
(Amended 1 of 1958 Schedule)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
(Repealed 1 of 1978 s. 8)
Any person who unlawfully takes or causes to be taken any child or juvenile out of the possession and against the will of the father or mother or of any other person having the lawful care or charge of such child or juvenile shall be guilty of an offence punishable on conviction on indictment by imprisonment for 2 years.
(Amended 1 of 1958 Schedule; 50 of 1991 s. 4; 25 of 1993 s. 5)
[cf. 1861 c. 100 s. 55 U.K.]
(Repealed 55 of 1979 s. 2)
When a person is charged with an offence under this Ordinance, or under any other enactment, in respect of a girl, juvenile, young person or child who is alleged in the charge or indictment to be under any specified age, and such girl, juvenile, young person or child appears to the presiding magistrate or judge to be under that age, such girl, juvenile, young person or child shall for the purposes of the enactment under which the charge or indictment is brought be deemed to be under that age unless the contrary is proved.
(Amended 32 of 1978 s. 3)
No summary conviction under this Ordinance shall be quashed for want of form or be removed by certiorari, and no warrant of commitment shall be held void by reason of any defect therein, provided it is therein alleged that the party has been convicted and there is a good and valid conviction to sustain the same.
[cf. 1861 c. 100 s. 72 U.K.]
(Repealed 50 of 1991 s. 4)
(Repealed 25 of 1993 s. 19)
(Repealed 25 of 1993 s. 19)
(Repealed 25 of 1993 s. 19)
(Repealed 25 of 1993 s. 19)
(Amended E.R. 2 of 2020)
A juvenile court, on its own motion or upon the application of the Director of Social Welfare or of any person authorized by the Director of Social Welfare in writing in that behalf either generally or specially or of any police officer upon being satisfied that any person of or above the age of 7 years brought before the court or any other person under the age of 7 years is a child or juvenile in need of care or protection, may— (Amended 15 of 1973 s. 18; 53 of 1987 s. 3; 25 of 1993 s. 6)
appoint the Director of Social Welfare to be the legal guardian of such child or juvenile; or
commit him to the care of any person whether a relative or not, who is willing to undertake the care of him, or of any institution which is so willing; or
order his parent or guardian to enter into recognizance to exercise proper care and guardianship; or
without making such order or in addition to making an order under paragraph (b) or (c), make an order placing him for a specified period, not exceeding 3 years under the supervision of a person appointed for the purpose by the court: (Amended 25 of 1993 s. 6)
Provided that no order shall be made under paragraph (a) without the consent of the Director of Social Welfare. (Amended 1 of 1958 Schedule; 32 of 1978 s. 6)
In connection with any motion or application under subsection (1) in respect of a child or juvenile the juvenile court—
may require the child or juvenile to be brought before the court; and
shall give such directions as it thinks fit for notifying a parent or guardian (whose whereabouts is known) of that child or juvenile of the motion or application. (Added 53 of 1987 s. 3)
(Repealed 68 of 1995 s. 52)
A juvenile court shall, if practicable, forthwith send copies of—
an order made under subsection (1)(a) or an order made under section 34C(1) discharging or varying such order—
to the juvenile in relation to whom the order is made and to his parent or guardian (other than the Director of Social Welfare) or, in the case of a child, to his parent or guardian (other than the Director of Social Welfare); and
to the Director of Social Welfare;
an order made under subsection (1)(b) or (c) or an order made under section 34C(1) discharging or varying such order—
to the juvenile in relation to whom the order is made and to his parent or guardian or, in the case of a child, to his parent or guardian;
to the Director of Social Welfare; and
to the person or institution to whom or to which the order is directed or to whose care the child or juvenile is committed;
a supervision order made under subsection (1)(d) or an order under section 34C(2)—
to the juvenile in relation to whom the order is made and to his parent or guardian or, in the case of a child, to his parent or guardian;
to the Director of Social Welfare; and
where the supervised person is required by the order, or was required by the supervision order before it was varied or discharged, to reside with an individual or to undergo medical or surgical attention or treatment by or under the direction of an individual or at any place, to the individual or the person in charge of the place. (Added 32 of 1978 s. 6. Amended 53 of 1987 s. 3)
For the purposes of this Ordinance, a child or juvenile in need of care or protection means a child or juvenile—
who has been or is being assaulted, ill-treated, neglected or sexually abused; or
whose health, development or welfare has been or is being neglected or avoidably impaired; or
whose health, development or welfare appears likely to be neglected or avoidably impaired; or
who is beyond control, to the extent that harm may be caused to him or to others,
and who requires care or protection. (Replaced 25 of 1993 s. 6)
(Repealed 25 of 1993 s. 6)
Any person or institution to whose care a child or juvenile is committed under this section shall, whilst the order is in force, have the like control over the child or juvenile as the parent and shall be responsible for his maintenance, and the child or juvenile shall continue in the care of such person or institution, notwithstanding that he is claimed by his parent or any other person, and if any person—
knowingly assists or induces, directly or indirectly, a child or juvenile to escape from the person or institution to whose care he is so committed; or
knowingly harbours, conceals, or prevents from returning to such person or institution, a child or juvenile who has so escaped or knowingly assists in so doing,
he shall be guilty of an offence: Penalty: a fine at level 2 and imprisonment for 6 months. (Amended 25 of 1993 s. 6; E.R. 2 of 2020)
Any court having power so to commit a child or juvenile shall have power to make orders on the parent or other person liable to maintain the child or juvenile to contribute to his maintenance during such period as aforesaid such sums as the court shall think fit, and may from time to time vary such orders.
Any such order may be made on the complaint or application of the person or institution to whose care the child or juvenile is for the time being committed or on the complaint or the application of the Director of Social Welfare and either at the time when any order under subsection (1) is made, or subsequently, and the sums contributed by the parent or such other person shall be paid to such person or institution as the court may name, and be applied for the maintenance of the child or juvenile or towards the cost of conducting the institution as the case may be. (Amended 1 of 1958 Schedule)
Where any parent or other person has been ordered under this section to contribute to the maintenance of a child or juvenile, he shall give notice of any change of address to the court or to such person as the court may from time to time direct and if he fails to do so without reasonable excuse, he shall be guilty of an offence: Penalty: a fine at level 1. (Amended 32 of 1978 s. 6; 25 of 1993 s. 6; E.R. 2 of 2020)
Where the legal guardianship of any child or juvenile is vested in the Director of Social Welfare he may, subject to any order to the contrary made by a juvenile court—
make any order (including if he thinks fit an order for removal to and detention in a place of refuge) regarding the custody and control of the child or juvenile which he thinks desirable in the interests of that child or juvenile;
at any time require any person in whose custody the child or juvenile is or appears to be to—
produce the child or juvenile; or
furnish photographs of the person endangered and of himself, such photographs to be taken not earlier than 6 months prior to the date of being so required. (Replaced 25 of 1993 s. 6)
Any person who without reasonable excuse fails to produce any child or juvenile when so required by the Director of Social Welfare pursuant to subsection (5)(b) commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. (Added 25 of 1993 s. 6. Amended E.R. 2 of 2020)
The Director of Social Welfare, any Assistant Director of Social Welfare and any public officer authorized in writing for the purpose by the Director of Social Welfare, either generally or specially, may at any reasonable time enter and visit the residence of and interview any child or juvenile of whom the legal guardianship is vested in the Director of Social Welfare under or by virtue of this Ordinance. (Added 25 of 1993 s. 6)
An order under subsection (1)(a) which is in force at the commencement* of the Protection of Women and Juveniles (Amendment) Ordinance 1978 (32 of 1978) or which is made on or after such commencement, shall, unless it previously ceases to have effect, cease to have effect on the date the child or juvenile in relation to whom the order was made attains the age of 21 or marries (with the consent of the proper person prescribed in the Marriage Ordinance (Cap. 181)) before that date. (Replaced 32 of 1978 s. 6)
An order under subsection (1)(b), (c) or (d) which is in force at the commencement* of the Protection of Women and Juveniles (Amendment) Ordinance 1978 (32 of 1978)—
in relation to a male child or male juvenile, shall, unless it previously ceases to have effect, cease to have effect on the date he attains the age of 16;
in relation to a female, shall cease to have effect if she has attained the age of 18 or, unless it previously ceases to have effect, on the date she attains the age of 18 or marries (with the consent of the proper person prescribed in the Marriage Ordinance (Cap. 181)) before that date. (Added 32 of 1978 s. 6)
An order under subsection (1)(b), (c) or (d) made on or after the commencement* of the Protection of Women and Juveniles (Amendment) Ordinance 1978 (32 of 1978), shall, unless it previously ceases to have effect, cease to have effect on the date the child or juvenile in relation to whom the order was made attains the age of 18 or marries (with the consent of the proper person prescribed in the Marriage Ordinance (Cap. 181)) before that date. (Added 32 of 1978 s. 6)
Any reference in this Ordinance to a child or juvenile in relation to whom an order under subsection (1) has been made shall, while the order remains in force, be construed as including a reference to the same person notwithstanding that in the meantime he has ceased to be a child or juvenile. (Added 32 of 1978 s. 6)
(Repealed 25 of 1993 s. 6)
A supervision order may require the supervised person to comply during the whole or any part of the duration of the supervision order with such requirements, including requirements as to residence or medical or surgical attention or treatment giving due consideration to the wishes (if any) of the parent or guardian of the supervised person notified under section 34(1AA)(b), as the juvenile court, having regard to the circumstances of the case, considers necessary for securing the adequate care, protection and control of the supervised person.
(Replaced 32 of 1978 s. 7. Amended 53 of 1987 s. 4)
While a supervision order is in force it shall be the duty of the supervisor to advise, assist and befriend the supervised person.
(Added 32 of 1978 s. 7)
[cf. 1969 c. 54 s. 14 U.K.]
Subject to subsection (5), a juvenile court may at any time on its own motion, or upon the application of a parent or guardian, or of any person or institution to whose care a child or juvenile has been committed, discharge or vary an order made under section 34(1)(a), (b) or (c).
Subject to subsection (5), a juvenile court may at any time upon the application of the supervisor or the supervised person discharge or vary a supervision order and any such variation may include—
the cancellation of any requirement included in it; or
the insertion in it (either in addition to or in substitution for any of its provisions) of any requirement which could have been included in it.
In dealing with any matter relating to the discharge or variation of an order made under section 34(1), the juvenile court may require the presence before it of the child and the parent or guardian of the child, or may require the presence before it of the juvenile, as the case may be, and subject to subsection (4) a court shall not make an order under this section unless the child (other than a child under the age of 7 years) and the parent or guardian of the child, or the juvenile, is present before it. (Amended 53 of 1987 s. 5)
A juvenile court may make an order under this section in the absence of the child and the parent or guardian of the child, or the juvenile, if the effect of the order is confined to one or more of the following—
discharging the order;
reducing the duration of the order or any requirement included in it;
cancelling a requirement included in the order.
Where an application under this section for the discharge of an order is dismissed, no further application for its discharge shall be made under this section by any person during the period of 3 months beginning with the date of the dismissal except with the consent of a juvenile court.
Upon any application under subsection (1) for the discharge or variation of an order made under section 34(1)(a) appointing the Director of Social Welfare to be the guardian of a child or juvenile, the juvenile court shall have power, whether or not it discharges the order of appointment, to make any order as to the custody or control of or access to the child or juvenile as it considers to be for the benefit of the child or juvenile and may discharge or vary any order or requirement made under section 34(5) by the Director of Social Welfare. (Added 25 of 1993 s. 7)
(Added 32 of 1978 s. 7)
Where a supervised person fails to comply with any requirement imposed by a supervision order, the supervisor may make an application to a juvenile court under section 34C(2) for an order to be made under that section.
(Added 32 of 1978 s. 7)
Subject to subsection (1A), any person authorized in writing by the Director of Social Welfare or any police officer of the rank of station sergeant or above may take to a place of refuge or such other place as he may consider appropriate any child or juvenile—
who appears to be in need of care or protection; or
in relation to whom there is in force an order under section 34(1) and who is the subject of a motion or application under section 34C. (Replaced 25 of 1993 s. 8)
The power conferred by subsection (1)(a) shall not be exercised in respect of a child or juvenile who appears to be in need of care or protection by virtue only of any matter referred to in section 34(2)(b) or (c), unless—
the child or juvenile has within the preceding 2 weeks, been assessed by a medical practitioner, clinical psychologist or an approved social worker pursuant to section 45A;
a notice issued and served under section 45A(1)(a) within the preceding one month in respect of the child or juvenile has not been complied with as regards the production of the child or juvenile for an assessment; or
the Director of Social Welfare is unable to ascertain the identity or whereabouts of any of the persons on whom notice may be served pursuant to section 45A(1)(a) for the purposes of an assessment of the child or juvenile. (Added 25 of 1993 s. 8)
Subject to this section, a child or juvenile who is taken to a place of refuge or other place under subsection (1), or who has taken refuge in a place of refuge, may be detained there until the child or juvenile can be brought before a juvenile court. (Amended 25 of 1993 s. 8)
Within 48 hours after a child or juvenile is taken to a place of refuge or other place under subsection (1), or takes refuge in a place of refuge, an application in relation to that child or juvenile shall be made to a juvenile court under section 34(1) or 34C, as the case may be, if no such application has already been made. (Amended 25 of 1993 s. 8)
Notwithstanding anything contained in section 34(1), where an application is made to a juvenile court under that section or under section 34C the court may, whether or not the child or juvenile in relation to whom the application is made is before the court, order the detention or continued detention of the child or juvenile in a place of refuge for a period not exceeding 28 days from the date of the order in the first instance in order that further inquiries may be made about the child or juvenile, and, if necessary for that purpose, may during the continuance in force of such order make further orders of detention for such period or periods as the court thinks fit, provided that the total period of continuous detention does not at any time exceed an aggregate of 56 days.
Where a child or juvenile is detained in a place of refuge in pursuance of this section, the person in charge of the place of refuge shall have the like control over the child or juvenile as the parent and shall be responsible for his maintenance, and the child or juvenile shall continue in the care of the person in charge of the place of refuge, notwithstanding that he is claimed by his parent or any other person.
The Director of Social Welfare or any officer generally or specially authorized for that purpose in writing by the Director of Social Welfare may enter any premises for the purpose of removing any child or juvenile liable to be dealt with under subsection (1) but such entry shall not be effected by the use of force unless the Director of Social Welfare or authorized officer has first obtained a warrant issued by a magistrate, juvenile court or District Court under subsection (7) for that purpose. (Added 25 of 1993 s. 8. Amended 80 of 1997 s. 102)
A magistrate, juvenile court or District Court may issue a warrant to the Director of Social Welfare, or any officer authorized under subsection (6), to enter by the use of force if necessary any premises for the purposes mentioned in that subsection if that magistrate, juvenile court or District Court is satisfied by information on oath that there are reasonable grounds for suspecting that—
there is in the premises a child or juvenile who is liable to be dealt with under subsection (1); and
the entry can only be effected by the use of force. (Added 25 of 1993 s. 8)
Any person who enters any premises under subsection (6) shall—
if so required, produce evidence of his identity; and
if a warrant has been issued under subsection (7)—
produce the warrant or a copy of the warrant; and
in effecting entry, use only such force as is reasonably necessary. (Added 25 of 1993 s. 8)
(Added 32 of 1978 s. 7)
[cf. 1933 c. 12 s. 67 U.K.; 1963 c. 37 s. 23(2) U.K.]
Where any of the circumstances set out in subsection (1)(a) or (b) of section 34E apply in relation to a child or juvenile, any person mentioned in that subsection who is of the opinion that that child or juvenile is in need of urgent medical or surgical attention or treatment may take the child or juvenile to a hospital instead of to a place of refuge. (Amended 25 of 1993 s. 9)
A child or juvenile who is admitted to a hospital after being taken there under subsection (1) may be detained by the Director of Social Welfare in that hospital for so long as the attendance of the child or juvenile at that hospital is necessary for the purpose of medical or surgical attention or treatment and thereafter the Director of Social Welfare may take him to a place of refuge.
Where a child or juvenile is taken to a place of refuge under subsection (2), section 34E(2), (3), (4) and (5) shall apply as if he had been taken to a place of refuge under section 34E(1).
Where a child or juvenile is detained in a hospital under subsection (2), the Director of Social Welfare shall have the like control over, and responsibility for maintenance of, that child or juvenile as a person in charge of a place of refuge under section 34E would have had if the child or juvenile had been detained in that place of refuge.
(Added 53 of 1987 s. 7)
Whenever the Director of Social Welfare has reason to believe that any child or juvenile (in this section referred to as the person endangered) has been brought into or is about to be taken out of Hong Kong by force, threats, intimidation, false pretences, false representations or other fraudulent means or is in the custody or control or under the direction of another person and is or is likely to be exposed to any danger of seduction or prostitution or is likely to be exposed to any moral or physical danger he may inquire into the case and— (Amended 33 of 1968 s. 3; 53 of 1987 s. 10; 25 of 1993 s. 10)
may make any order (including if he thinks fit an order for removal to and detention in a place of refuge, hospital or such other place as he may consider appropriate) regarding the control and custody of the person endangered which he thinks desirable in the interest of that person and, if he thinks fit, may require any person into whose charge he shall place the person endangered to enter into a bond with one or more sureties to treat her or him well; or (Amended 53 of 1987 s. 8)
may require the person in whose custody the person endangered is or appears to be to do all or any of the following things—
to produce the person endangered;
to furnish photographs of the person endangered and of himself, such photographs to be taken not earlier than 6 months prior to the date of being so required; (Replaced 25 of 1993 s. 10)
to give security to the satisfaction of the Director of Social Welfare that the person endangered will not leave Hong Kong without the consent in writing of the Director of Social Welfare; (Amended 53 of 1987 s. 10)
to give like security that the person endangered will not be trained for or employed in any occupation other than such occupation as may be approved of in writing by the Director of Social Welfare.
Within 48 hours after a child or juvenile is removed to or detained in any place pursuant to an order under this section, an application in relation to that child or juvenile shall be made to a juvenile court under section 34(1) or 34C, as the case may be, if no such application has already been made. (Added 25 of 1993 s. 10)
Any person who fails to produce any child or juvenile when so required as aforesaid by the Director of Social Welfare or fails to perform any obligation imposed by any bond executed under subsection (1) shall be guilty of an offence: Penalty: a fine at level 2 and imprisonment for 6 months. (Amended E.R. 2 of 2020)
During the subsistence of any order or requirement under subsection (1) the Director of Social Welfare, any Assistant Director of Social Welfare and any public officer authorized thereto in writing by the Director of Social Welfare, either generally or specially, may at any reasonable time enter and visit the place where the person endangered is and interview the person endangered.
It shall be lawful for the Director of Social Welfare of his own motion or upon application of any person aggrieved by any order or requirement made under subsection (1) or for a juvenile court upon the application of any such person or of the Director of Social Welfare to discharge any order or requirement made if the Director of Social Welfare or the juvenile court as the case may be considers that such order or requirement either was not or is no longer necessary for the protection of the person endangered. (Amended 53 of 1987 s. 8)
The Director of Social Welfare may, if he considers that such a course is desirable in order to afford temporary protection to a child or juvenile in need of care or protection, make any such order or requirement as is authorized by subsection (1) prior to making any application under section 34(1).
It shall be lawful for the Director of Social Welfare notwithstanding that he may have made an order or requirement under this section in the case of a child or juvenile to apply to a juvenile court for an order under section 34. Upon any such application the juvenile court may exercise the powers conferred by subsection (4) as well as the powers conferred by section 34(1) and for the purpose of considering whether or not any order under section 34(1) ought to be made the court may disregard the protection afforded by any order or requirement made under this section and consider the matter as it would have appeared if no such order or requirement had been made.
Where a person endangered is detained in a place of refuge in pursuance of this section, the person in charge of the place of refuge shall have the like control over that person as the parent and shall be responsible for his maintenance, and that person shall continue in the care of the person in charge of the place of refuge, notwithstanding that he is claimed by his parent or any other person. (Added 32 of 1978 s. 8)
(Amended 1 of 1958 Schedule; 32 of 1978 s. 8; 25 of 1993 s. 10)
Nothing contained in section 34, 35 or 45A shall oust any jurisdiction vested in the Court of First Instance to make any order in relation to the appointment of a guardian of or otherwise in relation to the custody or control of or access to any child or juvenile.
(Amended 25 of 1993 s. 11; 25 of 1998 s. 2)
(Repealed 25 of 1993 s. 19)
(Repealed 25 of 1993 s. 19)
The Secretary for Labour and Welfare may by regulation provide for— (Amended 80 of 1997 s. 8; L.N. 106 of 2002; L.N. 130 of 2007)
the welfare, education and control of children and juveniles the legal guardianship of whom is vested in the Director of Social Welfare;
(Repealed 25 of 1993 s. 12)
the management, control, supervision and inspection of places of refuge wholly maintained by public funds and, so far as may be practicable, of places of refuge not so maintained;
the welfare, education and control of such of the inmates of places of refuge as may be detained therein pursuant to the provisions of this Ordinance, including regulations providing for the approval by the Director of Social Welfare of rules made by the management of any place of refuge not wholly maintained by public funds for such welfare, education and control;
the welfare and education of children or juveniles who have become wards of the Director of Social Welfare or have been committed to the care of any person or institution and as to the duties of such persons or institutions with respect to such children or juveniles; (Amended 32 of 1978 s. 9)
visits to children and juveniles; (Amended 32 of 1978 s. 9)
forms for any application or any matter or thing done or to be done under the Ordinance and regulations; (Amended 80 of 1997 s. 8)
the inspection of any registers kept under any regulation and generally for carrying the Ordinance into effect. (Amended 1 of 1958 Schedule)
The Chief Executive in Council may by regulation provide for fees for any application or any matter or thing done or to be done under the Ordinance or regulations. (Added 80 of 1997 s. 8. Amended 66 of 1999 s. 3)
Subsection (1) shall not be construed as enabling the Secretary for Labour and Welfare to make regulations as regards any matter in relation to which regulations may be made under subsection (1A). (Added 80 of 1997 s. 8. Amended L.N. 106 of 2002; L.N. 130 of 2007)
Regulations made under this section may declare that a contravention or failure to comply with a specified provision of the regulations shall constitute an offence and may provide penalties for any such offence of a fine at level 2 or imprisonment for 3 months. (Amended 80 of 1997 s. 8)
(Amended 25 of 1993 s. 12; E.R. 2 of 2020)
Notwithstanding anything contained in section 26 of the Magistrates Ordinance (Cap. 227), a complaint or information in respect of offences against this Ordinance or against any regulations made hereunder may be made at any time.
Any child or juvenile who escapes from any custody or control lawfully imposed on such child or juvenile under this Ordinance may be retaken by any police officer and returned to the custody or control from which such child or juvenile escaped.
(Amended 9 of 1954 s. 3; 1 of 1958 Schedule; 32 of 1978 s. 10; 25 of 1993 s. 13)
Any person who induces or assists any child or juvenile to escape from any custody or control lawfully imposed by or under this Ordinance or by any regulations made hereunder or who harbours any child or juvenile so escaping shall be guilty of an offence: Penalty: a fine at level 2 or imprisonment for 6 months.
(Amended 9 of 1954 s. 4; 32 of 1978 s. 11; 25 of 1993 s. 14; E.R. 2 of 2020)
Any person who without the authority of the Director of Social Welfare communicates with any child or juvenile while detained in a place of refuge shall be guilty of an offence: Penalty: a fine at level 1 or imprisonment for 3 months.
(Amended 9 of 1954 s. 4; 1 of 1958 Schedule; 32 of 1978 s. 12; 25 of 1993 s. 15; E.R. 2 of 2020)
Subject to subsection (1A), the Director of Social Welfare, or any officer generally or specially authorized for that purpose in writing by the Director of Social Welfare, may enter and search any vessel, house, building or other place for the purpose of ascertaining whether there is therein any child or juvenile who is or may be liable to be dealt with under the provisions of this Ordinance, or whether any offence under this Ordinance is being, or has been, committed, and may remove any such child or juvenile to a place of refuge, a hospital or such other place as he may consider appropriate to be there detained until his or her case be inquired into or until the Director of Social Welfare, as he is hereby empowered, removes any such child or juvenile to such other place as he may consider more appropriate. (Amended 53 of 1987 s. 9)
The Director of Social Welfare, or any officer authorized under subsection (1), shall not enter any vessel, house, building or other place by the use of force unless he has first obtained a warrant issued by a magistrate, juvenile court or District Court under subsection (1B) for that purpose. (Added 53 of 1987 s. 9)
A magistrate, juvenile court or District Court may issue a warrant to the Director of Social Welfare, or any officer authorized under subsection (1), to enter by the use of force if necessary any vessel, house, building or other place for the purposes mentioned in that subsection if that magistrate, juvenile court or District Court is satisfied by information on oath that there are reasonable grounds for suspecting that—
there is therein any child or juvenile who is or may be liable to be dealt with under the provisions of this Ordinance; or
any offence under this Ordinance is being, or has been, committed; and
the entry can only be effected by the use of force. (Added 53 of 1987 s. 9)
Any person who enters any vessel, house, building or other place under this section shall—
if so required, produce evidence of his identity; and
if a warrant has been issued under subsection (1B)—
produce the warrant or a copy thereof; and
use only such force as is reasonably necessary to effect entry. (Added 53 of 1987 s. 9)
The Director of Social Welfare or such officer as aforesaid may, during or after any such search as is referred to in subsection (1), arrest or cause to be arrested any person reasonably suspected of being liable to prosecution for an offence against this Ordinance, and may seize and detain any articles, books, documents or accounts which he may have reason to believe to relate to any offence against this Ordinance.
No person shall refuse the Director of Social Welfare or such officer as aforesaid access to any such vessel, house, building or other place, or otherwise obstruct or hinder him in effecting an entrance, or in removing such child or juvenile or in seizing and detaining such articles, books, documents or accounts.
In carrying out any search under the provisions of this section the Director of Social Welfare or such officer as aforesaid shall have power to put questions and to give any such order or direction as may be necessary to the inmates of any vessel, house, building or other place for the purpose of carrying out such search.
The inmates of any vessel, house, building or other place shall answer truthfully all questions put to them by the Director of Social Welfare, or such officer as aforesaid, and shall obey any order or direction given by him touching any matter or any person connected with such search.
No person shall by force, restraint, threats, inducement or other means cause any child or juvenile who is or may be liable to be dealt with under the provisions of this Ordinance to conceal himself in or to leave any vessel, house, building or other place being searched or about to be searched by the Director of Social Welfare or such officer as aforesaid under the provisions of this section, with the intent that the search of the Director of Social Welfare or such officer may thereby be evaded or obstructed.
Within 48 hours after a child or juvenile has been removed to any place pursuant to subsection (1), an application in relation to that child or juvenile shall be made to a juvenile court under section 34(1) or 34C, as the case may be, if no such application has already been made. (Added 25 of 1993 s. 16)
Any person who contravenes any of the provisions of subsection (3) or (4)(b) or (c) shall be guilty of an offence: Penalty: a fine at level 2 and imprisonment for 6 months. (Amended E.R. 2 of 2020)
(Amended 1 of 1958 Schedule; 32 of 1978 s. 13; 25 of 1993 s. 16)
The Director of Social Welfare may from time to time hold any such inquiry as he may consider necessary to enable him to exercise the powers vested in him by this Ordinance or by any regulations and by notice in writing under his hand may require any person to attend such inquiry and to give evidence.
Any person who—
on service of such notice, does not appear at the time and place therein mentioned; or
fails without lawful excuse to produce all documents in his custody, possession or power, or to answer truthfully all questions which the Director of Social Welfare may put to him, relating to the matter under inquiry; or
having any child or juvenile in his custody or control and being required by the Director of Social Welfare to produce him, without lawful excuse refuses or neglects to comply with such requirement,
shall be guilty of an offence: Penalty: a fine at level 2 and imprisonment for 3 months. (Amended 25 of 1993 s. 17; E.R. 2 of 2020)
(Amended 1 of 1958 Schedule; 32 of 1978 s. 14)
Where the Director of Social Welfare has reasonable cause to suspect that a child or juvenile is, or is likely to be, in need of care or protection he may—
cause a notice to be served on any person having custody or control of the child or juvenile requiring that person to produce the child or juvenile for an assessment by a medical practitioner, clinical psychologist or an approved social worker of the state of his health or development or of the way in which he has been treated; or
require any person having the custody or control of the child or juvenile to allow the Director of Social Welfare to observe the condition of the child or juvenile.
Any person who is served with a notice issued under subsection (1)(a) in respect of a child or juvenile shall take all reasonable steps to ensure that the child or juvenile is produced for assessment at the time and place specified in the notice.
A notice issued under subsection (1)(a) shall be sufficient authority for the medical practitioner, clinical psychologist or approved social worker named in the notice or any person assisting him or acting on his behalf to make an assessment and report his assessment to the Director of Social Welfare.
Where in respect of a child or juvenile to whom subsection (1)(a) applies—
the Director of Social Welfare is unable to ascertain the identity or whereabouts of any of the persons on whom notice may be served under that subsection; or
a notice issued and served under that subsection has not been complied with as regards the production of the child or juvenile at the time and place specified in the notice,
the Director of Social Welfare may remove the child or juvenile for the purpose of an assessment as provided in that subsection.
A child or juvenile who has been so removed for the purpose of an assessment shall not be detained for longer than 12 hours as from the time of his removal, or such further period or periods not exceeding 36 hours in total as may in the opinion of the medical practitioner, clinical psychologist or approved social worker who is carrying out the assessment be necessary to complete the assessment.
Subsection (5) does not authorize the detention of a child for longer than 12 hours unless—
the opinion referred to in that subsection; and
a second opinion from another medical practitioner, clinical psychologist or approved social worker confirming that opinion,
has been given in writing to the Director of Social Welfare.
Notwithstanding section 34(1), where an application is made to a juvenile court under that section or under section 34C the court may, whether or not the child or juvenile in relation to whom the application is made is before the court, order that the child be assessed by a medical practitioner, clinical psychologist or an approved social worker as to the state of his health or development or as to the way in which he has been treated.
The Director of Social Welfare or any officer generally or specially authorized for that purpose in writing by the Director of Social Welfare may enter any premises for the purpose of—
observing the condition of a child or juvenile pursuant to subsection (1)(b); or
effecting a removal under subsection (4),
but such entry shall not be effected by the use of force unless the Director of Social Welfare or authorized officer has first obtained a warrant issued by a magistrate, juvenile court or District Court under subsection (9) for that purpose.
A magistrate, juvenile court or District Court may issue a warrant to the Director of Social Welfare, or any officer authorized under subsection (8), to enter by the use of force if necessary any premises for the purposes mentioned in that subsection if that magistrate, juvenile court or District Court is satisfied by information on oath that there are reasonable grounds for suspecting that—
there is in the premises a child or juvenile who is liable to be dealt with under subsection (1)(b) or (4); and
the entry can only be effected by the use of force.
Any person who enters any premises under subsection (8) shall—
if so required, produce evidence of his identity; and
if a warrant has been issued under subsection (9)—
produce the warrant or a copy of the warrant; and
in effecting entry, use only such force as is reasonably necessary.
(Added 25 of 1993 s. 18)
All summonses, notices and other documents required to be served or given under this Ordinance shall be deemed validly and sufficiently served or given to or left with the person intended to be served or to whom the notice is intended to be given or, if he cannot be readily found, if posted by registered post to, or left with some adult at, his last known place of abode or business.
(Amended E.R. 2 of 2020)
Any warrant, order, direction or authorization, purporting to be issued in pursuance of this Ordinance under the hand of the Director of Social Welfare, shall be received in evidence in every court without further proof, and shall be evidence of the facts therein stated, and all acts done in pursuance thereof shall be deemed to have been authorized by law.
(Amended 1 of 1958 Schedule)
Save where the contrary intention appears from the context of any provision of this Ordinance and subject to any special instructions of the Director of Social Welfare, an Assistant Director of Social Welfare may exercise or discharge any of the powers or duties which the Director of Social Welfare is entitled to exercise or required to discharge by any of the provisions of this Ordinance.
Save where a contrary intention appears from the context of any of the provisions of this Ordinance, and subject to any special instructions of the Chief Executive, the Director of Social Welfare may authorize any public officer to exercise or discharge any of the powers or duties which the Director of Social Welfare is entitled to exercise or required to discharge by any of the provisions of this Ordinance. (Amended 66 of 1999 s. 3)
(Added 17 of 1961 s. 2)
(Repealed 25 of 1993 s. 20)