Remand Home Rules
[9 September 1955]
(Format changes—E.R. 7 of 2020)
These rules may be cited as the Remand Home Rules, and shall apply to the places of detention specified in the Schedule.
In these rules, unless the context otherwise requires—
Director (署長) means the Director of Social Welfare; (L.N. 51 of 1973) juvenile (少年) means a person who is, in the opinion of the court having cognizance of any case in relation to such person, under the age of 16 years; Remand Home (羈留院) means a place of detention to which these rules apply. (L.N. 389 of 1983)A Remand Home shall be administered by a Superintendent approved by the Director. (L.N. 51 of 1973)
The Superintendent shall keep a daily register in which shall be recorded all admissions and discharges, all events of importance and all punishment given under rule 12(2).
On admission to a Remand Home every juvenile shall be bathed, weighed and photographed.
Separate beds shall be provided for each juvenile, and the sleeping accommodation for boys shall be separate from that for girls.
Juveniles shall wear their own clothing:
Provided that where the Superintendent considers it desirable on sanitary or other grounds, suitable clothing and shoes may be supplied.
Every juvenile shall be supplied with food in accordance with the scales of diet approved by the Director. (L.N. 51 of 1973)
No juvenile shall receive or have in his possession any food other than that authorized under paragraph (1) except with the authority of the Superintendent.
A juvenile who, in the opinion of the Superintendent, is likely to exercise a bad influence, shall, so far as is practical, be separated from the other juveniles.
Boys shall, so far as is practicable, be separated from girls except while they are under supervision.
Suitable schoolroom instruction and practical work on the premises shall be provided for the juveniles. Such work may consist, within reasonable limits, of the work of the Remand Home.
Recreation and exercise shall be provided for the juveniles for 2 hours in each day, of which 1 hour shall be spent in exercise in the open air except in bad weather.
Every juvenile shall be permitted, so far as the Superintendent considers practicable, to receive visits from his relatives and friends and to send and receive letters.
On admission to a Remand Home every juvenile shall surrender his property to the Superintendent, who shall make and sign a list of such property.
On discharge the juvenile shall be entitled, upon signing a receipt therefor, to the property comprised in the list made under paragraph (1).
The Superintendent, or in his absence the officer-in-charge, but no other person, may deprive a juvenile of his recreation and other privileges for any minor misconduct. Serious misconduct, or repeated minor misconduct, shall be reported to the Director. (L.N. 51 of 1973)
Punishment awarded under paragraph (1) shall be recorded in the daily register kept by the Superintendent.
The Superintendent shall at once report the death or serious illness of any juvenile to the Director, the Police, the Department of Health and the parent or guardian of the juvenile.
Where, in the opinion of the Superintendent or of any Government medical officer, it becomes necessary to remove a juvenile to a hospital or other place for medical treatment or examination, the Superintendent shall apply to the Director for a transfer order by the Chief Executive under section 16(5) of the Ordinance. (L.N. 51 of 1973; 15 of 1999 s. 3)
No surgical treatment shall be carried out on a juvenile without the prior consent of his parent or guardian, unless the medical officer certifies in writing that the delay necessary in obtaining such consent would cause the juvenile unnecessary suffering or endanger his health.
The Superintendent, or in his absence the officer-in-charge, may at any time grant to a juvenile who is detained in the Remand Home by order of the court under section 14(1) of the Ordinance, leave of absence from the Remand Home for any period not exceeding 12 hours, or such longer period as the Superintendent or officer-in-charge may in exceptional circumstances allow—
on compassionate grounds;
for the purpose of attending an interview or test with the object of seeking employment or further education after discharge from the Remand Home.
A juvenile who is granted leave of absence shall proceed directly from the Remand Home to such place as he may be directed by the Superintendent or other person granting such leave and from such place to the Remand Home and shall not leave such place except to return to the Remand Home.
A juvenile who, without reasonable cause, fails to return to the Remand Home before the expiry of his period of leave or absence or who fails to comply with paragraph (2) shall be deemed to have escaped from his place of detention.
The remand sections of—
(Repealed L.N. 242 of 2006)
(Repealed L.N. 245 of 1999)
(Repealed L.N. 29 of 1986)
(Repealed L.N. 245 of 1999)
(Repealed L.N. 242 of 2006)
Tuen Mun Children and Juvenile Home (L.N. 242 of 2006; E.R. 7 of 2020)