Cap. 243A 《幼兒服務規例》Child Care Services Regulations

生效中

版本日期: 2022-08-11

Cap. 243

Cap. 244

Child Care Services Regulations

(Cap. 243, section 18)

[1 June 1976] L.N. 105 of 1976

(Format changes—E.R. 3 of 2022)

Part I — Preliminary

1. Citation

These regulations may be cited as the Child Care Services Regulations.

(32 of 2000 s. 34)

2. Interpretation

In these regulations, unless the context otherwise requires—

authorized person (認可人士) has the meaning assigned to it under section 2 of the Buildings Ordinance (Cap. 123); (15 of 2005 s. 9) centre (中心) means a registered child care centre; child (兒童) means a child who is under the care of a centre; child care worker (幼兒工作員) means a person whose name is contained in the register referred to in regulation 3(1)(b); employee (僱員) includes the staff of and other persons employed in a centre; non-residential centre (非留宿中心) means a centre other than a residential centre; (15 of 2005 s. 9) operator (經營人), in relation to a centre, means the person who is registered in respect of that centre under section 7 of the Ordinance; resident child (留宿兒童) means a child for whom overnight accommodation is provided in a residential centre; residential centre (留宿中心) means a centre in which overnight accommodation is provided for children; staff (職員) means the supervisor and any child care worker appointed under regulation 5; (L.N. 90 of 1980; 15 of 2005 s. 9) supervisor (主管) means a person appointed as a supervisor under regulation 5(1)(a). (L.N. 317 of 1982; 15 of 2005 s. 9)

(15 of 2005 s. 9)

Part II — Appointment and Duties of Staff

3. Registers of supervisors and child care workers

(15 of 2005 s. 10)

*(1)

The Director shall cause to be kept—

(a)

a register containing the name of persons holding the qualifications specified in Part I of the First Schedule; and (L.N. 317 of 1982; 15 of 2005 s. 10)

(b)

a register of child care workers, containing the name of every person holding the qualifications specified in Part II of the First Schedule. (L.N. 79 of 1996; 15 of 2005 s. 10)

(c)

(Repealed 15 of 2005 s. 10)

(L.N. 90 of 1980)

(2)

The registers may, on application in writing to the Director, be inspected at the office of the Director during office hours by any member of the public.

Editorial Note:

This paragraph was amended by 15 of 2005. For savings and transitional provisions, please see sections 21 and 22 of 15 of 2005.

4. Inclusion in and removal from the registers referred to in regulation 3

(1)

Application for inclusion in any of the registers referred to in regulation 3 shall be made to the Director in such form as he may specify.

(2)

The Director shall, on receipt of an application in accordance with paragraph (1), determine the application—

(a)

by including the name of the applicant in the appropriate register; or (15 of 2005 s. 11)

(b)

by refusing to include the applicant in any register.

(3)

The Director may refuse to include an applicant in any register if it appears to him that the applicant— (L.N. 272 of 1997)

(a)

is not a fit person to take part in the management of or be employed in a centre; or (15 of 2005 s. 11)

(b)

has failed on 2 or more occasions in relation to the same proposed medical examination to comply with a requirement of the Director under regulation 42(1) to submit to medical examination. (L.N. 272 of 1997)

(4)

The Director may remove the name of a person from any register on any ground specified in paragraph (3) which would have entitled him to refuse to include an applicant in a register.

(5)

(Repealed 15 of 2005 s. 11)

(6)

Notwithstanding any provision in these regulations, the Director may refuse an application to which paragraph (7) applies unless it is made—

(a)

before 1 March 2006; or

(b)

where the Director is satisfied that there is a good reason to grant an extension of time to a particular applicant, before a date notified in writing by the Director to the applicant. (15 of 2005 s. 11)

(7)

This paragraph applies to—

(a)

an application for inclusion in the register referred to in regulation 3(1)(a) by virtue of holding a qualification specified in paragraph 2(a), (b) or (c) of Part I of the First Schedule; and

(b)

an application for inclusion in the register of child care workers by virtue of holding a qualification specified in paragraph 2(a) or (b) of Part II of the First Schedule. (15 of 2005 s. 11)

(L.N. 90 of 1980)

4A. Notice of refusal to include in, or removal from, the registers referred to in regulation 3

(1)

The Director shall not refuse an application for inclusion in any of the registers referred to in regulation 3 or remove the name of any person from any register unless he has—

(a)

given to the applicant or the person named in the register, as the case may be, notice of his intention to do so, stating the grounds on which he intends to refuse the application or remove the name and containing an intimation to the effect provided for in subparagraph (b); and

(b)

allowed the applicant or the person named in the register, as the case may be, an opportunity to make written representations to him.

(2)

If the Director decides to refuse an application for inclusion in any of the registers or to remove the name of any person from any register he shall by notice in writing notify the applicant or person named in the register accordingly, stating the grounds on which the decision was made.

(3)

Any notice required to be given to a person under this regulation may be so given by being sent by registered post to the person at his last address known to the Director.

(L.N. 272 of 1997)

4B. Right of appeal

Any person aggrieved by a decision of the Director under regulation 4 refusing an application by the person for inclusion in any register or removing his name from a register may, within 28 days after receipt of a notice in relation to that decision, appeal to the Administrative Appeals Board.

(L.N. 272 of 1997)

5. Appointment of staff

(1)

Every operator shall appoint for the purposes of the centre in respect of which he is registered— (L.N. 90 of 1980)

(a)

a supervisor, who shall be responsible for the management of the centre; and

(b)

a sufficient number of child care workers to ensure compliance with regulation 6. (L.N. 90 of 1980; 15 of 2005 s. 12)

(1A)

A supervisor appointed under paragraph (1)(a) for the purposes of a centre shall, unless the centre is one—

(a)

which is not operated for more than 4 hours per day; and

(b)

to which not more than 28 children are admitted,

be a person whose name is contained in the register referred to in regulation 3(1)(a). (L.N. 317 of 1982)

(2)

(Repealed 15 of 2005 s. 12)

6. Minimum staff requirements

(1)

The minimum number of staff required to be present and on duty in a centre shall, in relation to the number of children present at any time therein, be—

(a)

(i)

between 8 a.m. and 8 p.m., one member of the staff for every 8 resident children or part thereof;

(ii)

between 8 p.m. and 8 a.m., one member of the staff for every 12 resident children or part thereof; (L.N. 90 of 1980)

(b)

one member of the staff for every 8 non-resident children or part thereof under 2 years of age; and (L.N. 90 of 1980)

(c)

one member of the staff for every 14 non-resident children or part thereof of 2 or more years of age.

(2)

For the purposes of paragraph (1), the number of staff required under subparagraph (a), (b) or (c) shall be in addition to that required under each of the other two subparagraphs.

(3)

The minimum number of persons required to be present and on duty in a residential centre shall not at any time be less than one member of the staff and one other person who is not below the age of 18 years. (L.N. 90 of 1980)

7. List of staff to be submitted to Director

(1)

Within 14 days of the registration of a centre the operator shall submit to the Director a list of all the staff appointed under regulation 5. (L.N. 272 of 1997)

(2)

Where any change occurs—

(a)

in the supervisor appointed under regulation 5(1)(a), the operator shall inform the Director in writing of such change within 14 days of the occurrence;

(b)

in the staff appointed under regulation 5(1)(b), the supervisor shall inform the Director in writing of such change within 14 days of the occurrence. (L.N. 272 of 1997)

8. Records

(1)

The supervisor of a centre shall maintain records which shall include—

(a)

the name and home address of each child admitted;

(b)

the name and, where this differs from the child’s address, the home address of at least one parent or guardian of each child admitted;

(c)

the address at which, or the means by which, the parent or guardian of the child may be informed in case of illness or other emergency while the child is attending the centre;

(d)

an attendance roll showing the dates of attendance of each child at the centre;

(e)

particulars of accidents or illnesses occurring to each child while the child is at the centre and of action taken in respect thereof;

(f)

in respect of any child who attends, or who on admission is expected to attend, the centre on more than 2 days in each of 2 or more consecutive weeks, the name of a medical practitioner from whom the parent or guardian requests that medical advice should first be sought in the event of illness or emergency affecting the child;

(g)

the number of children attending the centre on each day;

(h)

a copy of the immunization record card produced in respect of each child; (L.N. 90 of 1980; L.N. 272 of 1997)

(i)

the name, address, identity card number and qualifications of each member of the staff; and (L.N. 90 of 1980; L.N. 272 of 1997)

(j)

the dates and hours of attendance at the centre of each staff member. (L.N. 272 of 1997)

(2)

The records referred to in paragraph (1) shall be made available by the supervisor at all reasonable times for inspection by the Director or any inspector or medical officer.

(3)

The requirement to maintain records under paragraph (1) shall be in addition to and shall not derogate from any other provision of these regulations relating to the keeping of records or accounts. (L.N. 317 of 1982)

9. Suitable activities to be provided

Every centre shall provide, to the satisfaction of the Director, a programme of activities which shall—

(a)

be supervised by a supervisor or child care worker;

(b)

be appropriate to the ages and circumstances of the children attending the centre and conducive to their balanced development; and (L.N. 272 of 1997)

(c)

include opportunities for periods of indoor and outdoor activity and periods of rest.

10. Time-table subject to approval of Director

(1)

The supervisor of a centre shall prepare a time-table in respect of the programme of activities for the centre and submit the time-table to the Director for his approval.

(2)

The approved time-table shall be displayed in a conspicuous place in the centre.

11. Permission required for training of child care workers

No centre shall provide courses of training for persons desiring to be child care workers except with the written permission of the Director.

12. Information to be given concerning the centre and children

The operator or supervisor shall submit to the Director such information concerning the centre or children therein as he may in writing require.

(L.N. 272 of 1997)

13. Non-resident children

(1)

The Director may direct in writing that no children, other than resident children, shall be on centre premises during such periods as he may specify.

(2)

No child to whom a direction under paragraph (1) applies shall be permitted to be on the centre premises at any time during any period specified by the Director in such direction.

14. Child care centre name and certificate of registration to be displayed

(1)

At or near the entrance to the premises of every centre there shall be prominently displayed a board or other form of notice bearing in conspicuous lettering the name in which the centre is registered.

(2)

No name except the name in which it is registered shall be used as being the name of the centre.

(3)

The certificate of registration shall be displayed in a conspicuous place at the centre in respect of which it is issued.

15. Corporal punishment prohibited

No person shall administer corporal punishment to a child in a centre.

Part III — Structural Requirements and Use of Centres

16. Operator to furnish plan of centre premises

The operator of a centre shall on demand supply the Director with a plan or diagram, with dimensions, of the centre premises.

17. Precautions for health and safety

In all centre premises, the design, the construction, the fire resistance of the elements of the structure and the properties of the materials, shall be such that the health and safety of the occupants, and in particular their safe escape in the event of fire, shall be reasonably assured.

18. Repair

All centre premises shall, to the satisfaction of the Director, be kept in a state of repair.

19. Maximum height of centres

No part of any centre premises, except the parapet wall around a roof playground, shall be situated at a height—

(a)

in the case of a centre used for children under 2 years of age, of more than 12 m; or

(b)

in any other case, of more than 24 m,

above ground level:

Provided that the Director, with the advice of the Director of Fire Services, may by notice in writing authorize that any part of such premises be situated at such greater height as may be specified in the notice.

(L.N. 90 of 1980)

20. Minimum height of parapets and window openings

The height of all parapets and window openings shall, unless such parapet or window opening is satisfactorily guarded by bars, be at least 1.1 m measured from the level of the floor immediately adjoining and, where such bars are installed in openings giving access to areas to be occupied by any children or employees, the bars shall be so installed as to be readily removable by the Fire Services in emergency.

(L.N. 61 of 1977)

21. Ventilation and lighting

(1)

All centre premises shall be adequately ventilated and lighted.

(2)

No cubicle or partition which obstructs the free passage of light or air shall be erected in any room in a centre.

(3)

Subject to paragraphs (4) and (5), the ceiling of every room in the centre shall be not less than 2.5 m above the floor level of the room. (15 of 2005 s. 13)

(4)

Where—

(a)

a centre is wholly or partly situated in specified premises; and

(b)

the premises are designed and constructed for the purposes of a child care centre,

the ceiling of every room in the centre shall be not less than 3 m above the floor level of the room. (15 of 2005 s. 13)

(5)

Where—

(a)

a centre is wholly or partly situated in specified premises; and

(b)

the premises are not designed and constructed for the purposes of a child care centre,

the ceiling of every room in the centre shall be not less than 2.75 m above the floor level of the room. (15 of 2005 s. 13)

(6)

In this regulation—

specified premises (指明處所) means premises—

(a)

which were not used as a centre immediately before 1 September 2005; and

(b)

in respect of which an application for registration as a centre or part of a centre is made on or after 1 September 2005, irrespective of whether the premises are to be used as a new centre, as an addition to an existing centre or as the new location of an existing centre. (15 of 2005 s. 13)

22. Structural alterations

Except with the consent in writing of the Director, there shall not be made—

(a)

any structural alterations or additions to centre premises;

(b)

any alteration to the toilet facilities or the sanitary arrangements of any centre or in the ventilation or lighting of a room therein;

(c)

any subdivision of such a room.

23. Periodic inspection of premises

(1)

The operator of a centre shall, at intervals not exceeding 3 years, request an authorized person or such person as shall be specified by the Director for the purposes of this regulation to inspect the premises in order to determine whether the premises are in a sound structural condition. (L.N. 90 of 1980; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993; L.N. 272 of 1997; 15 of 2005 s. 14)

(2)

A person who carries out an inspection under paragraph (1) shall— (L.N. 90 of 1980; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993; L.N. 272 of 1997; 15 of 2005 s. 14)

(a)

deliver to the Director a report in writing on the structural condition of the premises; and

(b)

cause a copy of such report to be served on the operator of the centre.

24. Roof playgrounds

(1)

Roof playgrounds shall satisfy the following structural requirements—

(a)

the roof shall be situated on premises constructed of reinforced cement concrete;

(b)

there shall be a minimum of 2 suitable staircases, leading from the roof to a satisfactory open air exit at ground level; each staircase being of a minimum width of 1.05 m and being fitted with continuous handrails on both sides;

(c)

at the head of each staircase there shall be landings leading to the roof; each landing being of width equal to the width of the staircase and of a minimum depth of 1.5 m;

(d)

the external walls surrounding the playground shall be continued upwards so as to form a continuous parapet wall around the playground of a height of not less than 1.1 m. Above such parapet wall there shall be a continuous chain link or similar metal fence fixed to the inner vertical side, or to the innermost edge of the upper surface, of the parapet wall. The total height of the parapet wall and the metal fence shall be not less than 2.5 m, and the metal fence shall be so installed as to provide ready access to the playground by the Fire Services, in emergency. (L.N. 61 of 1977)

(2)

No roof, verandah or balcony of a centre shall be used as a playground unless a certificate of stability has been given by an authorized person or the person specified for the purpose of regulation 23 that the roof, verandah or balcony is suitable for such use; and such certificate shall specify the maximum number of children who may be allowed to use the playground at any one time. (L.N. 90 of 1980; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993; L.N. 272 of 1997; 15 of 2005 s. 15)

(3)

A certificate given under paragraph (2) shall be displayed in a conspicuous place at the centre in respect of which it is given.

25. Children using play-areas to be under supervision

No child shall be allowed on any roof playground, verandah or balcony of a centre unless under the direct supervision of a member of the staff of that centre.

26. Numbers of children allowed on a roof playground

(1)

Upon any roof playground there shall not be more than 15 children under the charge of one staff member at any one time.

(2)

The total number of children allowed on any roof playground, verandah or balcony at any one time shall not be greater than one for every 2 m² of superficial area. (L.N. 61 of 1977)

Part IV — Fire Precautions

27. Fire officers may inspect centre premises

(1)

Any officer of the Fire Services Department may at all reasonable times enter and inspect any centre premises.

(2)

No person shall obstruct an officer of the Fire Services Department in the exercise of his powers under paragraph (1).

28. Fire officers may inspect buildings in neighbourhood of a centre if fire risk suspected

(1)

Any officer of the Fire Services Department may at all reasonable times enter and inspect—

(a)

any premises in or in part of which a centre is operated;

(b)

any premises in the neighbourhood of any centre premises,

if it appears to such officer that a risk of fire to the centre premises may arise in such other premises.

(2)

No person shall obstruct an officer of the Fire Services Department in the exercise of his powers under paragraph (1).

29. Reports thereon

Officers of the Fire Services Department shall report to the Director on the fire precautions available and may make recommendations as to any further precaution necessary to preclude danger from fire.

30. Fire drills, exits

(1)

The supervisor of every centre shall—

(a)

draw up a practical scheme for the evacuation of the centre premises in case of fire;

(b)

ensure that—

(i)

a fire drill, which involves the use of all exits from the centre premises, is carried out by the employees and children at least once in every 6 months; and

(ii)

once in every year such fire drill includes the evacuation of the centre premises to the point of egress at ground floor level; and (15 of 2005 s. 16)

(c)

keep a written record of—

(i)

all such drills; and

(ii)

the time taken to evacuate the centre premises.

(2)

The supervisor of every centre shall ensure that exits from all rooms in the centre premises are free from obstruction at all times.

Part V — Health and Sanitation

31. Area of floor space per child

(1)

Subject to paragraph (1A), the minimum area of floor space required in respect of each child in a centre shall, in relation to the type of centre specified in column 1 of the Second Schedule and in relation to the age of the child specified opposite that type in column 2 thereof, be the area specified opposite that age in either column 3(a) or 3(b) of that Schedule. (L.N. 317 of 1982; 15 of 2005 s. 17)

(1A)

The minimum area of floor space required in respect of each child in a centre—

(a)

which is a non-residential centre;

(b)

which habitually receives children aged 2 years or over; and

(c)

which is wholly or partly situated in specified premises,

shall be the area specified opposite that age in column 3(a) of the Second Schedule. (15 of 2005 s. 17)

(2)

In calculating the area of floor space required under paragraphs (1) and (1A), for the purposes of column 3(a) of the Second Schedule— (L.N. 90 of 1980; 15 of 2005 s. 17)

(a)

the area of any passageway, storeroom, kitchen, office, toilet facility or staff-room; and

(b)

any other area within the centre which the Director is satisfied is not suitable for the purpose,

shall be excluded.

(3)

In calculating the area of floor space required under paragraph (1), for the purposes of column 3(b) of the Second Schedule—

(a)

the area of any passageway, storeroom, kitchen, office, toilet facility or staff-room; and

(b)

any other area within the centre which the Director is satisfied is suitable for the purpose,

shall be included. (L.N. 90 of 1980)

(4)

In this regulation—

specified premises (指明處所) means premises—(a)which were not used as a centre immediately before 1 September 2005; and(b)in respect of which an application for registration as a centre or part of a centre is made on or after 1 September 2005, irrespective of whether the premises are to be used as a new centre, as an addition to an existing centre or as the new location of an existing centre. (15 of 2005 s. 17)

32. Toilet facilities

(1)

Every centre shall be provided with toilet facilities and sanitary arrangements of a type approved by the Director.

(2)

Every room used for toilet facilities shall—

(a)

be provided with an opening or openings into the external air having a total area of at least 1/10th of the area of the floor of the room;

(b)

at all times be kept in a clean and sanitary condition;

(c)

not be used for any other purposes; and

(d)

have its floor and its walls to a height of not less than 1 m rendered in cement, mortar or other suitable impervious material. (L.N. 61 of 1977)

33. Water supply

An adequate and wholesome supply of water shall be provided in the premises of every centre.

34. Ablutions

(1)

The premises of every centre shall be equipped with adequate washing and laundry facilities for children and employees.

(2)

Every residential centre in premises designed and constructed for the purposes of a centre shall be equipped with adequate changing rooms and bathing facilities for the children and employees.

35. Meals

(1)

All meals and refreshments provided for children in a centre shall be properly prepared from good quality and wholesome food, attractively served, and in sufficient quantity to meet the nutritional needs of the children and of a standard as set out in the Dietary Scales approved by the Director.

(2)

The menu of the meals to be provided shall be prepared in advance and be available at all times for inspection by the Director or any inspector or medical officer.

(3)

Any meal or refreshment provided for children in a centre shall be served to or, as appropriate, fed to the children in a manner that is appropriate to their age and development. (L.N. 272 of 1997)

36. Safety and hygiene

(1)

The centre premises, furniture, furnishings, fittings, equipment, toys and materials to which the children have access therein shall be maintained in a safe, clean, and sanitary condition.

(2)

The operator of the centre shall ensure that the requirements of paragraph (1) are complied with, and that, so far as is reasonably practicable, hazards to the safety of the children attending the centre are corrected, repaired, removed or made inaccessible to the children.

(3)

The operator shall, if so required in writing by the Director, cause the whole or any part of the centre premises to be suitably colour-washed or painted.

37. Furniture and equipment

(1)

In every centre there shall be provided and maintained in good condition play equipment of types and of a quantity and variety considered by the Director to be adequate and suitable for the needs of the children.

(2)

In every centre in which children who have attained the age of 2 years are being cared for, an adequate number of tables and chairs of suitable size for the use of such children shall be provided. The chairs shall be of such height as will permit the children to rest their feet on the floor and shall be so constructed as to give support to the children’s backs.

(3)

In every centre in which children who have attained the age of 2 years are being cared for more than 4 hours in any day, there shall be provided, to the satisfaction of the Director, adequate opportunities and facilities for undisturbed rest by such children.

(4)

Each child attending a centre—

(a)

who is a resident thereof; or

(b)

who is under the age of 2 years,

shall be provided with a cot or bed and bedding.

(5)

Cots, beds and bedding provided in accordance with paragraph (4) shall be—

(a)

of a type or design and of a material approved by the Director;

(b)

washable;

(c)

maintained in a clean condition, the bedding of each child being kept and stored under hygienic conditions.

38. Smoking and spitting

(1)

No person shall smoke in the premises of any centre. (15 of 2005 s. 18)

(2)

No person shall spit in the premises of any centre.

39. Heating

A centre shall be provided with an adequate and safe system of heating, to the satisfaction of the Director.

40. Medical examination of person or clothing of children

(1)

Upon the request of a medical officer or a registered nurse authorized by him, the supervisor of a centre shall permit the medical officer or nurse to examine the person and clothing of any child.

(2)

If on such examination the medical officer or nurse is of the opinion that the person or clothing of any child is infected with vermin or is in a foul condition, he may require the supervisor to exclude such child from the centre forthwith until such time as the person and clothing of the child have been cleansed to the satisfaction of a medical officer.

41. Scheduled infectious diseases

(14 of 2008 s. 18)

(1)

If a medical officer certifies that any child or employee should be excluded from the centre by reason of suffering, or having recently suffered, from any scheduled infectious disease or by reason of having been in contact with or living in the same house as a person suffering from a scheduled infectious disease, the supervisor of the centre shall, if so required in writing by the medical officer, cause such child or employee to be excluded from the centre for such period as shall seem necessary.

(2)

If the supervisor suspects or knows of a case of scheduled infectious disease amongst children or employees of a centre, or suspects or knows that any such person has been in contact with a case of scheduled infectious disease, he shall immediately so report to a medical officer.

(3) In this regulation, scheduled infectious disease (表列傳染病) has the same meaning as in the Prevention and Control of Disease Ordinance (Cap. 599).

(14 of 2008 s. 18)

42. Medical examination of children and employees

(1)

The Director may require any child or employee to submit to medical examination.

(2)

The Director may, in respect of any child or employee, require the production of a medical certificate of fitness signed by a registered medical practitioner.

(3)

The Director may require any employee to submit to an X-ray examination by a Government radiologist once every year, and may issue directions accordingly. (E.R. 3 of 2022)

43. First aid

(1)

There shall be provided in the premises of every centre at least one first aid box.

(2)

At least one employee in every centre shall hold a valid certificate of competency in first aid recognized by the Director for the purposes of these regulations. (L.N. 317 of 1982)

(3)

First aid boxes shall be maintained fully equipped to the satisfaction of the Director at all times and so placed as to be inaccessible to the children.

(4)

The Director may require the provision of a suitable room for medical inspection and first aid in the premises of any centre which has more than 20 children.

(5)

Every centre shall be provided with a room suitable for the temporary isolation and care of at least one sick child. In any case of minor illness, all practicable steps shall be taken to isolate a sick child from the other children attending the centre and to ensure that the parent or guardian of the sick child is notified without delay.

44. Residential centres

(1)

In every residential centre at least one suitable room shall be set aside to be used solely as a sanatorium or sick room.

(2)

In the premises of every residential centre—

(a)

the dormitory accommodation;

(b)

the washing and bathing arrangements;

(c)

the messing and kitchen accommodation;

(d)

the toilet facilities and sanitary arrangements; (L.N. 272 of 1997)

(da)

the indoor play area; and (L.N. 272 of 1997)

(e)

the area (if any) provided for open-air recreation,

shall be of an adequate standard and properly maintained, to the satisfaction of the Director.

(3)

The operator of a residential centre shall, if so required by the Director in writing, appoint a registered nurse to be in charge of the health of the resident children.

45. Medical examination in residential child care centre

(1)

The operator of a residential centre shall ensure that each resident child is medically examined at least once in every 6 months.

(2)

The examination shall be conducted by a registered medical practitioner, who shall report in writing to the operator on the health of each resident child. The report shall also give the name of any resident child whose state of health is such as to require special treatment and shall state briefly the nature of the treatment required.

(3)

A copy of such report shall be made available at all reasonable times for inspection by the Director or any inspector or medical officer.

(4)

The Director may require any resident child to submit to an X-ray examination by a Government radiologist. (E.R. 3 of 2022)

Part VA — Fees and Collections

(Part VA added L.N. 317 of 1982)

45A. Interpretation

In this Part inclusive monthly fee (每月全費) means the total sum of money charged per month in respect of the care and supervision of a child in a centre.

45B. Fees

(1)

The Director shall from time to time cause to be published in the Gazette, in respect of each centre—

(a)

the name of the operator;

(b)

the name and address of the centre; and

(c)

particulars of the inclusive monthly fee.

(2)

The Director may for the purposes of paragraph (1) require the operator of a centre to submit to him particulars of the inclusive monthly fee charged or proposed to be charged.

(L.N. 269 of 1983)

45C. Fees other than inclusive monthly fee prohibited

(1)

Subject to paragraphs (2) and (3) and regulation 45D, no person shall charge or accept payment of any money or fee whatsoever on account of the attendance of a child at a centre other than the latest inclusive monthly fee published in the Gazette in respect thereof.

(2)

Paragraph (1) shall not prohibit the charging or acceptance of any money or fee which—

(a)

is in addition to the inclusive monthly fee in respect of a centre; and

(b)

is charged or accepted with the prior approval, in writing, of the Director.

(3)

The operator of a centre may in any particular case grant a remission of the whole or any part of the latest inclusive monthly fee published in the Gazette in respect thereof. (L.N. 269 of 1983)

(4)

An approval given under paragraph (2) shall be displayed in a conspicuous place in the centre.

45D. Approval for increase in fee

(1)

The inclusive monthly fee in respect of a centre shall not be increased without the approval, in writing, of the Director.

(2)

The Director may refuse to approve an increase under paragraph (1) on any reasonable ground.

(3)

Without prejudice to paragraph (2), the Director may refuse to approve an increase in the inclusive monthly fee in respect of any centre, if such increase is intended to come into effect earlier than 12 months after the date of coming into effect of the latest inclusive monthly fee published in the Gazette in respect thereof.

45E. Method of collection

Unless otherwise permitted, in writing, by the Director, the inclusive monthly fee in respect of a centre shall be collected each month.

45F. Formal receipts

The payment of every sum of money by or on behalf of a child at a centre to an employee of the centre shall be forthwith acknowledged in writing by such employee on a proper form of receipt.

45G. Accounts

The operator of a centre shall— (L.N. 269 of 1983)

(a)

keep proper accounts in respect of the centre;

(b)

make the accounts and any vouchers relating to the accounts available for inspection at all reasonable times by the Director or an inspector; and

(c)

retain the accounts and vouchers for a period of not less than 7 years.

45H. Prohibition of collections, etc. without permission of Director

(1)

No person shall in any centre—

(a)

appeal to any children in the centre for subscriptions; or

(b)

make any collection of moneys among any such children.

(2)

No employee of a centre shall in any way whatsoever—

(a)

appeal to any children of a centre for subscriptions; or

(b)

make any collection of moneys among any such children, or permit any such collection to be made by or among such children,

without the permission, in writing, of the Director in respect of such appeal or collection.

Part VB — Mutual Help Child Care Centres

(Part VB added L.N. 272 of 1997)

45I. Minimum supervision requirements

At a mutual help child care centre, there must be present for the purpose of providing care and supervision—

(a)

at least one adult if there is present at that centre at least one child; and

(b)

at least 2 adults at any one time if there are present at that centre more than 2 children.

45J. Display of certificate of exemption

The certificate of exemption issued under section 11B of the Ordinance in respect of a mutual help child care centre shall be displayed in a conspicuous place on the premises of that centre.

45K. Precautions for health and safety

The design, construction, fire resistance of the elements of the structure and the properties of the materials of any premises used as a mutual help child care centre shall be such that health and safety of the occupants, and in particular their safe escape in the event of fire, is reasonably assured.

45L. Maximum height of mutual help child care centres

(1)

Subject to paragraph (2), no part of any premises used as a mutual help child care centre shall be situated at a height of more than 12 m above ground level.

(2)

The Director may, with the advice of the Director of Fire Services, authorize by notice in writing that any part of such premises be situated at a greater height as is specified in the notice.

45M. Minimum height of parapets and window openings

The height of all parapets and window openings of any premises used as a mutual help child care centre shall, unless the parapet or window opening is satisfactorily guarded by bars, be at least 1.1 m measured from the level of the floor immediately adjoining and, where such bars are installed in openings giving access to areas to be occupied by any children, the bars shall be so installed as to be readily removable by the Fire Services in an emergency.

45N. Periodic inspection of premises used as mutual help child care centres

The operator of a mutual help child care centre shall at intervals not exceeding 3 years, request such person as shall be specified by the Director for the purposes of this regulation to inspect the premises in order to determine whether the premises are in sound structural condition.

45O. Fire officers may inspect premises used as a mutual help child care centre

(1)

Any officer of the Fire Services Department may at all reasonable times enter and inspect any premises used as a mutual help child care centre.

(2)

A person shall not obstruct an officer of the Fire Services Department in the exercise of his powers under paragraph (1).

45P. Reports by fire officers

45Q. Fire evacuation schemes and exits in mutual help child care centres

The operator of a mutual help child care centre shall—

(a)

draw up a practical scheme for the evacuation of the centre in case of fire;

(b)

ensure that exists from all rooms in the premises used as the centre are free from obstruction at all times.

45R. Corporal punishment prohibited

No person shall administer corporal punishment to a child in a mutual help child care centre.

45S. Safety and hygiene

(1)

The premises, furniture, furnishings, fittings, equipment, toys and materials of a mutual help child care centre to which the children have access in the centre shall be maintained in a safe, clean and sanitary condition.

(2)

The operator of the centre shall ensure that the requirements of paragraph (1) are complied with and that, so far as is reasonably practicable, hazards to the safety of the children attending the centre are corrected, repaired, removed or made inaccessible to the children.

45T. Maximum number of children

The number of children in attendance at a mutual help child care centre shall not exceed 14 at any one time.

45U. Overnight accommodation not to be offered

A mutual help child care centre shall not offer or agree to provide overnight accommodation.

45V. Non application of provisions

For the avoidance of doubt it is declared that Parts II, III, IV, V and VA do not apply in relation to a mutual help child care centre.

Part VI — Miscellaneous

46. Offences

(1)

Any person who contravenes regulation 12, 15, 25, 26, 27(2), 28(2), 38, 45C(1), 45H(1), 45O(2) or 45R shall be guilty of an offence. (L.N. 317 of 1982)

(2)

Any operator who contravenes regulation 36(2), 45(1) or 45G shall be guilty of an offence.

(2A)

Any operator who, without reasonable excuse, contravenes regulation 5 or 44(3) shall be guilty of an offence. (L.N. 272 of 1997)

(3)

If regulation 11, 22, 24(2), 44(1), 45(2) or (3), 45C(4), 45D or 45E is contravened in respect of a centre, the operator thereof shall be guilty of an offence.

(3A)

If, without reasonable excuse, regulation 6, 14, 24(3), 31 or 43(2) is contravened in respect of a centre, the operator thereof shall be guilty of an offence. (L.N. 90 of 1980)

(4)

Any supervisor who contravenes regulation 7(1) or (2), 8(1) or (2), 30(1) or (2), 40(1) or 41(1) or (2) shall be guilty of an offence. (L.N. 317 of 1982)

(4A)

If regulation 35 or 43(3) is contravened in respect of a centre, the supervisor thereof shall be guilty of an offence. (L.N. 317 of 1982)

(5)

If, without reasonable excuse, regulation 13(2) is contravened in respect of a centre, the supervisor thereof shall be guilty of an offence.

(6)

Any employee of a centre who contravenes regulation 45F or 45H(2) shall be guilty of an offence. (L.N. 317 of 1982)

(7)

Any operator of a mutual help child care centre who contravenes regulation 45Q or 45S shall be guilty of an offence. (L.N. 272 of 1997)

(8)

If, without reasonable excuse, regulation 45I or 45J is contravened in respect of a mutual help child care centre, the operator of the centre shall be guilty of an offence. (L.N. 272 of 1997)

(L.N. 269 of 1983; L.N. 272 of 1997)

47. Penalties

Any person who is guilty of an offence under these regulations shall be liable on conviction to a fine at level 4 and to imprisonment for 1 year.

(L.N. 317 of 1982; L.N. 269 of 1983; L.N. 272 of 1997)

48. Forms

The forms in the Third Schedule are prescribed for the purposes of the Ordinance.

First Schedule

Part IA — Interpretation

In this Schedule—

kindergarten education (幼稚園教育) has the meaning assigned to it under section 3(1) of the Education Ordinance (Cap. 279); nursery education (幼兒教育) has the meaning assigned to it under section 3(1) of the Education Ordinance (Cap. 279); principal (校長), in relation to a school, means a teacher who is approved as the principal of a school under— (a)section 53(2) or section 57(2) of the Education Ordinance (Cap. 279); or (b)either of the repealed Ordinances; registered teacher (檢定教員) has the meaning assigned to it under section 3(1) of the Education Ordinance (Cap. 279); repealed Ordinances (已廢除條例) has the meaning assigned to it under section 3(1) of the Education Ordinance (Cap. 279); school (學校) means a school registered under the Education Ordinance (Cap. 279).

(Part IA added 15 of 2005 s. 19)

Part I — Qualifications for Entry in the Register Kept under Regulation 3(1)(a)

[regs. 3(1)(a) & 4(7)(a)]

(15 of 2005 s. 19)

(L.N. 317 of 1982)

1.

Successful completion of a training course approved by the Director.

2.

Being—

(a)

a person who, at any time between 1 March 2005 and 31 August 2005 (both days inclusive), was the principal of a school providing nursery education or kindergarten education;

(b)

a person—

(i)

who was recommended before 1 September 2005 under section 53(1) or section 57(1) of the Education Ordinance (Cap. 279) for approval to be the principal of a school providing nursery education or kindergarten education; and

(ii)

in respect of whom the recommendation is subsequently approved on or after 1 September 2005 under that Ordinance; or

(c)

a person who—

(i)

at any time before 1 March 2005 had been the principal of a school providing nursery education or kindergarten education;

(ii)

was not such a principal at any time between 1 March 2005 and 31 August 2005 (both days inclusive) for a reason acceptable to the Director; and

(iii)

appears to the Director to be a suitable person to be included in the register referred to in regulation 3(1)(a).

(15 of 2005 s. 19)

Part II — Qualifications for a Child Care Worker

[regs. 3(1)(b) & 4(7)(b)]

(15 of 2005 s. 19)

1.

Successful completion of a training course approved by the Director.

2.

Being—

(a)

a person who, at any time between 1 March 2005 and 31 August 2005 (both days inclusive), was a registered teacher teaching pupils undergoing nursery education or kindergarten education in a school; or

(b)

a person who—

(i)

at any time before 1 March 2005 had been a registered teacher teaching pupils undergoing nursery education or kindergarten education in a school;

(ii)

was not such a registered teacher at any time between 1 March 2005 and 31 August 2005 (both days inclusive) for a reason acceptable to the Director; and

(iii)

appears to the Director to be a suitable person to be included in the register of child care workers.

(15 of 2005 s. 19)

Part III

(Repealed 15 of 2005 s. 19)

(First Schedule replaced L.N. 90 of 1980)

Editorial Note: The First Schedule was amended by 15 of 2005. For savings and transitional provisions, please see sections 21 and 22 of 15 of 2005.

Second Schedule — Area of Floor Space Per Child

[reg. 31]

Column 1	Column 2	Column 3
Type of centre	Age of child	Area required per child

		(a)	(b)
non-residential centre	under 2 years	2.8 m²	3.3 m²
	2 years and over	1.8 m²	2.3 m²
residential centre	any age	3.2 m²	3.7 m²

(Second Schedule replaced L.N. 317 of 1982)

Third Schedule


Form 1					[s. 7(2)]
CHILD CARE SERVICES ORDINANCE(Chapter 243)
(Certificate Number ........................................)
Certificate of Registration of a Child Care Centre
	1.	I certify that the undermentioned child care centre is registered under section 7(2) of the Child Care Services Ordinance—
	2.	Particulars of Child Care Centre—
	(a)	Name (in English)
		Name (in Chinese)
	(b)	(i)	Address of Centre

		(ii)	Premises where centre may be operated



			as more particularly shown and described on Plan No. ........................................ deposited with and approved by me.
	3.	Name of person registered in respect of above centre—
	(a)	Name (in English)

	(b)	Name (in Chinese)
	4.	This certificate is issued subject to the following conditions—
	(a)
	(b)
	(c)

(Signed)
				Director of Social Welfare.
	Hong Kong .................... 20 ..........
WARNING
Registration of a child care centre does not release the owner or operator or any other person from compliance with any requirement of the Buildings Ordinance (Cap. 123) or any other Ordinance relating to the child care centre premises, nor does it in any way affect or modify any agreement or covenant relating to any premises in which the child care centre is operated.

(L.N. 491 of 1994; 32 of 2000 s. 35; 15 of 2005 s. 20)