PROTECTION OF WOMEN AND JUVENILES ORDINANCE

PROTECTION OF WOMEN AND JUVENILES ORDINANCE

LAWS OF HONG KONG

PROTECTION OF WOMEN AND JUVENILES

ORDINANCE

CHAPTER 213





CHAPTER 213

PROTECTION OF WOMEN AND JUVENILES ORDINANCE

ARRANGEMENT OF SECTIONS

Section...................................... Page

1. Short title ................................ ... ... ... ... ... ... ... 2
2. Interpretation .......................... ... ... ... ... ... ... ... ... 2

2A.........................Power of Governor to declare places of refuge ... ... ... ... ... ... ... 2

3. Presumption and determination of age .... ... ... ... ... ... ... ... 3

4-15........[Repealed] ........................ ... ... ... ... ... ... ... ... ... 3

16................................Powers of authorized persons to visit suspected premises ... ... ... ... 3

17-25. [Repealed] ............................. ... ... ... ... ... ... ... 3

26................................Abduction of female infant or any young person or child ... ... ... 3

26A.........[Repealed] ........................ ... ... ... ... ... ... ... ... 3

27...................Presumptions as to age of girl ... ... ... ... ... ... ... ... ... ... 3

28....................................No summary conviction or warrant to be quashed for want of form ... ... 3

29...........................Punishment for misdemeanor under this Ordinance ... ... ... ... ... ... 4

30. Director of Social Welfare to be guardian of adopted female infants, and provi-

sions for cessation of such guardianship ... ... ... ... ... 4

31. Power for Director of Social Welfare to become the guardian of a female infant in

certain cases by a declaration that such infant shall be his ward ... ... ... 5

32. Powers of the Director of Social Welfare in connection with the custody and

control of his female wards .............. ... ... ... ... ... ... ... 6

33. Upon application for cessation of guardianship District Court may provide for

custody and control of wards and access to them ... ... ... ... ... ... 6

34. Powers of juvenile courts in relation to guardianship and custody and control of

children and juveniles in need of care and protection ... ... . ... 6

34A.............................Power to include requirements in supervision orders ... ... ... ... ... 10

34B.............Duty of supervisor ......... ... ... ... ... ... ... ... ... ... ... 10

34C.............................Discharge or variation of orders under section 34(1) ... ... ... ... ... 10

34D....................Contraventions of supervision orders ... ... ... ... ... ... ... ... ... 11

34E..........................Detention of child or juvenile in place of refuge ... ... ... ... ... ... 11

34F.............Detention in hospital ...... ... ... ... ... ... ... ... ... ... ... ... 12

35. Power of Director of Social Welfare to protect females, juveniles and children from







moral or physical danger ... ... ... ... ... ... ... ... ... ... ... ... 13

36. Jurisdiction of High Court to remain unaffected 14
37. Registration of female infant of whom guardianship is vested in Director of Social

Welfare... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 14
38. Admissibility of register, etc. ... ... ... ... ... ... ... ... ... ... ... 15

39. Regulations 15
40....................................Provision enabling complaint or information to be laid at any time ... ... 16
41. Power to recapture wards or persons escaping from detention in place of refuge 16

42. Penalty for inducing or assisting escape from custody or control imposed by or
under Ordinance ... ... ... ... ... ... ... ... ... ... ... ... ... 17
43. Penalty for communicating with persons detained in a place of refuge ... ... ... 17
44. Powers of search, etc., by Director of Social Welfare ... ... ... ... ... ... 17
45. Power of Director of Social Welfare to require persons to attend inquiry ... ... 19
46. Service of summons, notice, etc . ... ... ... .. ... ... ... ... ... ... ... 19
47. Reception in evidence of warrant or order, direction or authorization under hand
of the Director of Social Welfare ... ... ... ... ... ... ... ... ... ... 19
48. Delegation of powers ... ... ... ... ... ... ... ... ... ... ... ... ... 19
Schedule. Offences referred to in section 34(2)(b)(i) and (ii) ... ... ... ... ... ... ... 20





CHAPTER 213

PROTECTION OF WOMEN AND JUVENILES

To amend the law relating to the protection of women and juveniles.

[5 January 195 L]

1. This Ordinance may be cited as the Protection of Women and
Juveniles Ordinance.

2. In this Ordinance, unless the context otherwise requires

'child', 'young person', and 'juvenile court' have the meanings
assigned to them by the Juvenile Offenders Ordinance;

'infant' means a person under the age of 21 years; (Amended, 53 of
1987, s. 2)

'juvenile' 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' includes non-christian customary marriages duly celebrated
according to the personal law and religion of the parties;

'place of refuge' means any place declared by the Governor under
section 2A to be a place of refuge; (Replaced, 44 of 1965, s. 2)

'probation officer' has the meaning assigned to it by the Probation of
Offenders Ordinance;

'supervision order' means an order made under section 34(1)(d)
placing a child or juvenile under supervision, and 'supervised
person' and 'supervisor', 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)

2A. The Governor may by order declare any place to be a place of
refuge for the purposes of this Ordinance.

(Added, 44 of 1965, s. 3)





3. Where the age of any person at any time is material for the
purposes of any provision of this Ordinance empowering the Dis-
trict 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)

4-15. [Repealed, 1 of 1978, s. 8]

16. 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)

17-25. [Repeated, 1 of 1978, s. 81

26. Any person who unlawfully takes or causes to be taken any
unmarried female infant or any young person or child 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 unmarried
female infant or any young person or child shall be guilty of a
misdemeanor:
Provided that no prosecution shall be brought under this
section in respect of any girl of or above the age of 16 years without
the consent of the Director of Social Welfare.
(Amended, 1 of 1958, Schedule)

26A. [Repealed, 55 of 1979, s. 21

27. When a person is charged with an ofrence 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)

28. 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.





29. Any person who is convicted of any misdemeanor under this
Ordinance shall be liable to imprisonment for 2 years.

30. (1) Whenever any person acquires the custody or control of any
female infant in circumstances that would, before 31 December 1972,
have constituted an adoption in Hong Kong under Chinese law and
custom the guardianship of such infant shall during her infancy and
while she is in Hong Kong and subject as hereinafter provided vest in
the Director of Social Welfare: (Amended, 32 of 1978, s. 4 and 53 of 198
7, s. 10)

Provided that if

(a)such infant shall marry with the consent of the Director of
Social Welfare; or

(b)the Director of Social Welfare shall renounce such
guardianship; or

(c)a competent court after hearing the Director of Social Welfare
so orders,

such guardianship shall cease, and the guardianship of the infant shall
unless the court otherwise orders, vest or revest in the person in whom
but for the provisions of this section it would otherwise in law be
vested. (Amended, 1 of 1958, Schedule)

(2) The Director of Social Welfare may renounce the guardianship
vested in him by subsection (1) if he at any time in his absolute
discretion considers such guardianship is unnecessary for the
protection of the infant:

Provided that save where a competent court has ordered that such
guardianship shall cease he may at any time during the infancy of such
an infant by declaration in writing under his hand resume such
guardianship if he considers that this is necessary for the protection of
the infant. (Amended, 1 of 1958, Schedule)

(3) For the purpose of making an order that the guardianship shall
cease the District Court shall be a competent court and shall have power
to hear and determine any application that such guardianship shall cease
save that any such application shall not be heard in open court. Such
application may be made by the father or mother of the infant or by any
relative of the infant or by any person claiming to have adopted the
infant or by any person obtaining the leave of the Court to act as next
friend of the infant. Such leave may be obtained by applying ex parte to
the Court in chambers. (Amended, 35 of 1969, s. 2)

(4) The District Court shall not make an order that the guardianship
of the Director of Social Welfare shall cease unless it is satisfied that the
person who as a result of such order or of any fresh appointment of a
guardian which the District Court may make is a fit person to be the
guardian of the infant. (Replaced, 35 of 1969, s.2)





(5) In this section, 'relative' means any ascendant, adult brother or
sister, and any paternal or maternal uncle or aunt, of the infant and the
husband or wife of such brother, sister, uncle or aunt.

31. (1) Subject to the provisions of subsection (4), whenever the
Director of Social Welfare, upon such inquiry as he may think fit to
make, is satisfied that either of the parents or any person acting in the
place of a parent of any female infant has parted or agreed to part with
the custody of the girl to some other person either permanently or for
any consideration except marriage, the Director of Social Welfare, in his
absolute discretion, may in writing declare that such infant shall be his
ward, and upon the making of such declaration the legal guardianship of
such infant while in Hong Kong shall during her infancy vest in the
Director of Social Welfare. (Amended, 53 of 1987, s. 10)

(2) If in case it appears to the Director of Social Welfare that any
female infant has been treated as a drudge or treated with cruelty or
unkindness or has otherwise not been properly treated by the person in
whose custody she is or appears to be or that the female infant is
unwilling to remain in such custody it shall be lawful for the Director of
Social Welfare to call upon such person to produce proof to his
satisfaction that such person is her legal guardian and has treated and is
treating her properly. Failing the production of such proof and subject to
the provisions of subsection (4) the Director of Social Welfare may in his
absolute discretion declare that such infant shall be his ward, and upon
the making of such declaration, the legal guardianship of such infant
while in I-long Kong shall during her infancy vest in the Director of
Social Welfare. (Amended, 53 of 1987, s. 10)

(3) The Director of Social Welfare may revoke any such declaration
as is mentioned in subsections (1) and (2) by a subsequent declaration,
and upon the making of any such subsequent declaration the legal
guardianship of the female infant to whom the declaration relates shall
vest or re-vest in the person in whom, but for the provisions of this
section, it would otherwise by law be vested:

Provided that, notwithstanding anything in this subsection, the
powers conferred by subsections (1) and (2) may be exercised from time
to time as occasion requires.

(4) As soon as practicable after making any declaration under
this section in respect of any female infant the Director of Social
Welfare shall inform the person in whose custody such infant
appears to be of the making of the declaration and any person
aggrieved by the making of any declaration by the Director of Social
Welfare under this section may apply to the District Court for an
order that the guardians hip of the Director of Social Welfare shall
cease and section 30(3) and (5) shall apply to any such application,
save that it shall be lawful also for any person in whose custody the
infant was at the time of the making of any declaration under this
section to apply to the District Court under this subsection.

(Amended, 1 of 1958, Schedule and 32 of 19 78,
s. 5)





32. (1) Where the legal guardianship of any female infant is
vested in the Director of Social Welfare he may make any order
(including if he thinks fit an order for her removal to and detention
in a place of refuge) regarding the custody and control of such infant
which he may think desirable in her interest and if he thinks fit may
require any person in whose charge he shall place such infant to
enter into a bond, with one or more sureties to treat such infant well.
(2) Where the legal guardianship of any female infant is vested
in the Director of Social Welfare he may at any time require any
person in whose custody she is or appears to be to do all or any of
the following things-
(a) to produce such infant;
(b) to furnish photographs of such infant and of such person;
(c)to give security to the satisfaction of the Director of Social
Welfare that such infant will not leave Hong Kong without
the consent in writing of the Director of Social Welfare;
(Amended, 53 of 1987, s. 10)
(d)to give like security that such infant 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.
(3) Any person who fails to produce any female infant when
so required by the Director of Social Welfare or fails to perform any
obligation imposed under any bond executed under subsection (1)
or (2) shall be guilty of an offence: Penalty: a fine of $1,000 and
imprisonment for 6 months.
(4) 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 residence of and interview
any female infant of whom the legal guardianship is vested in the
Director of Social Welfare.
(Amended, 1 of 1958, Schedule)

33. Upon any application that the guardianship of the Direc-
tor of Social Welfare shall cease the District Court shall have power
whether or not it orders that the guardianship shall cease to make
any order as to the custody or control of or access to the infant as it
shall consider to be for the benefit of the infant and may discharge or
vary any order or requirement made under section 32(1) or (2) by the
Director of Social Welfare.
(Amended, 1 of 1958, Schedule and 35 of 1969, s. 2)

34. (1) A juvenile court, on its own motion or upon the
application of the Director of Social Welfare or of any probation
officer 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 and protection, may-
(Amended, 15 of 1973, s. 18 and 53 of 1987, s. 3)





(a)appoint the Director of Social Welfare to be the legal guardian
of such child or juvenile; or

(b)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

(c)order his parent or guardian to enter into recognizance to
exercise proper care and guardianship; or

(d)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 probation officer, or of some other person appointed for
the purpose by the court:

Provided that no order shall be made under paragraph (a) without
the consent of the Director of Social Welfare. (Amended, 1 of 1958,
Schedule and 32 of 19 78, s. 6)

(IAA) In connection with any motion or application under
subsection (1) in respect of a child or juvenile the juvenile court

(a)may require the child or juvenile to be brought before the
court; and

(b)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)

(IA) The probation officer or other person under whose
supervision a female child or female juvenile is placed under a
supervision order shall be a woman. (Added, 32 of 1978, s. 6)

(1 B) A juvenile court shall, if practicable, forthwith send copies of

(a)an order made under subsection (1)(a) or an order made under
section 34C(1) discharging or varying such order

(i) 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

(ii) to the Director of Social Welfare;

(b)an order made under subsection (1)(b) or (c) or an order made
under section 34C(1) discharging or varying such order

(i) 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;

(ii) to the Director of Social Welfare; and

(iii) to the person or institution to whom or to which the
order is directed or to whose care the child or juvenile is
committed;

(c)a supervision order made under subsection (1)(d) or an order
under section 34C(2)





(i) 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;

(ii) to the Director of Social Welfare; and

(iii) 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)

(2) For the purposes of this section and of section 35, a child or
juvenile in need of care or protection means

(a)a child or juvenile who having no parent or guardian or a
parent or guardian unfit to exercise care and guardianship or
not exercising proper care and guardianship, is either falling
into bad associations, or exposed to moral or physical danger
or beyond control; or

(b) a child or juvenile who-

(i) being a person in respect of whom any of the offences
specified in items 3, 4, and 5 in the Schedule has been
committed; or

(ii) being a member of the same household as a child or
juvenile in respect of whom any of the offences specified in
the Schedule has been committed; or

(iii) being a member of the same household as a person who
has been convicted of such an offence in respect of a child or
juvenile; or

(iv) being a female member of a household whereof a
member has committed an offence under section 47 of the
Crimes Ordinance in respect of another female member of that
household;

requires care or protection. (Amended, 32 of 1978, s. 6)

(3) For the purposes of this section, the fact that a child or juvenile
is found destitute, or is found wandering without any settled place of
abode and without visible means of subsistence, or is found begging or
receiving alms (whether or not there is any pretence of singing, playing,
performing or offering anything for sale) or is found loitering for the
purpose of so begging or receiving alms, shall without prejudice to the
provisions of subsection (2)(a) be evidence that he is exposed to moral
danger. (Amended, 32 of 1978, s. 6)

(4)(a) 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





(i) 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
(ii) 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 of $1,000
and imprisonment for 6 months.

(b)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.

(c)Any such order may be made on the complaint or applica-
tion of the person or institution to whose care the child or
juvenile is for the time being committed or on the com-
plaint 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)

(d)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
of $100. (Amended, 32 of 1978, s. 6)

(5) So long as the legal guardianship of any child or juvenile is
vested in the Director of Social Welfare by virtue of an order made
under this section he shall, subject to any order to the contrary made
by a juvenile court, have power to make any order or any require-
ment which he would have power to make had such child or juvenile
been a female the legal guardianship of whom had been vested in the
Director of Social Welfare under section 30. (Amended, 1 of 1958,
Schedule and 32 of 1978, s. 6)

(6) An order under subsection (1)(a) which is in force at the
commencement of the Protection of Women and Juveniles (Amend-
ment) Ordinance 1978 or which is made on or after such commence-
ment, 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) before that
date.(Replaced, 32 of 1978, s. 6)





(6A) 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

(a)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;

(b)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) before that date. (Added, 32 of 1978, s.6)

(6B) 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, 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)
before that date. (Added, 32 of 1978, s. 6)

(6C) 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)

(7) The parent or guardian of a child or juvenile who by his neglect
to exercise due control shall conduce to the child or juvenile being found
in any of the circumstances specified in subsection (3) shall be guilty of
an offence: Penalty: a fine of $500 or imprisonment for 3 months.
(Amended, 32 of 1978, s. 6)

34A. 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(1 AA)(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)

34B. 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)

34C. (1) 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).





(2) 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

(a) the cancellation of any requirement included in it; or

(b)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.

(3) 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)

(4) 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

(a) discharging the order;

(b)reducing the duration of the order or any requirement included
in it;

(c) cancelling a requirement included in the order.

(5) 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.

(Added, 32 of 1978, s. 7)

34D. 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)

34E. (1) Any probation officer, 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 any child or juvenile

(a)in relation to whom any of the offences specified in items 3, 4
and 5 in the Schedule has been or is believed to have been
committed; or

(b) who appears to be in need of care and protection; or





(c)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. (Amended, 53 of 1987, s. 6)

(2) Subject to this section, a child or juvenile who is taken to a
place of refuge 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.

(3) Within 8 days after a child or juvenile is taken to, 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.

(4) 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.

(5) 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.

(Added, 32 of 1978, s. 7)

34F. (1) Where any of the circumstances set out in subsection
(1)(a), (b) or (c) 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.

(2) 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.

(3) 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).





(4) 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)

35. (1) Whenever the Director of Social Welfare has reason to
believe that any female or any juvenile or child (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 being a child or
juvenile is likely to be exposed to any moral or physical danger he may
inquire into the case and(Amended, 33 of 1968, s. 3 and 53 of 1987, s.
10)

(a)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 her or his interest 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)

(b)may require the person in whose custody the person
endangered is or appears to be to do all or any of the following
things

(i) to produce the person endangered;

(ii) to furnish photographs of the person endangered and of
himself;

(iii) 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)

(iv) 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:

Provided that nothing in paragraph (a) of this subsection shall
authorize the detention of any female of or above the age of 18 years.

(2) Any person who fails to produce any female, juvenile or child
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 of $1,000 and
imprisonment for 6 months.





(3) 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.

(4) 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)

(5) 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 and protection, make any such
order or requirement as is authorized by subsection (1) prior to
making any application under section 34(1).

(6) 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 protec-
tion 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.

(7) 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 and 32 of 19 78, s. 8)

36. Nothing contained in section 30, 31, 32, 33, 34 or 35 shall
oust any jurisdiction vested in the High Court 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 infant.

37. (1) The Director of Social Welfare shall keep a register of
female infants the legal guardianship of whom is vested in him by
virtue of this Ordinance.





(2) Any person who acquires the custody or control of any female
infant the legal guardianship of whom becomes vested in the Director of
Social Welfare shall within 1 month of acquiring such custody or control
or if such female infant is not then in Hong Kong within 1 month of the
arrival within Hong Kong of such infant give notice thereof to the
Director of Social Welfare in manner prescribed by regulations under this
Ordinance, and any person who fails to comply with the provisions of
this section shall be guilty of an offence: Penalty: a fine of $500 or
imprisonment for 1 month: (Amended, 53 of 1987, s. 10)

Provided that no prosecution hereunder shall be instituted without
the consent of the Director of Social Welfare.

(Amended, 1 of 1958, Schedule)

38. (1) In any prosecution for an offence against section 37 the
following shall be admissible in evidence upon production

(a)any register or any part of a register which purports to be kept
under section 37 or was kept under section 32 of the Protection
of Women and Girls Ordinance 1938;

(b)any extract from any such register purporting to be certified as
correct by the Director of Social Welfare or any Assistant
Director of Social Welfare;

(c)any photograph purporting to be certified by the Director of
Social Welfare or any Assistant Director of Social Welfare as a
photograph furnished to him in pursuance of any of the
provisions of this Ordinance or of any enactment repealed by
this Ordinance or of any regulations made under this
Ordinance or such enactment.

(Amended, 1 of 1958, Schedule)

(2) If any such photograph appears to have a serial number, and if
the said serial number appears from some part of any such register to
have been assigned to some particular person, it shall until the contrary
is proved be assumed that the photograph in question is the photograph
of the person indicated by the said serial number.

39. (1) The Governor in Council may by regulation provide for

(a)the welfare education and control of infants the legal
guardianship of whom is vested in the Director of Social
Welfare;

(b)the registration of all such particulars affecting such infants
and any person having the possession custody or control
thereof as will in the opinion of the Governor in Council enable
the Director of Social Welfare adequately to discharge his
duties as guardian;

(c)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;





(d)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;

(e)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)

(f)visits to female infants, children and juveniles; (Amended, 32
of 1978, s. 9)

(g)fees and forms for any application or any matter or thing done
or to be done under the Ordinance and regulations;

(h)the inspection of any registers kept under any regulation and
generally for carrying the Ordinance into effect.

(Amended, 1 of 1958, Schedule)

(2) 1 It is hereby declared that in this section the word 'control'
includes control by means of punishment (other than corporal
punishment) restraint and correction, being punishment restraint and
correction which a parent would be lawfully entitled to administer to his
child and in the case of a woman who has attained her majority but is
lawfully detained in a place of refuge it shall be lawful to impose whether
by regulations or by rules to be approved by the Director of Social
Welfare as above mentioned the same control (other than corporal
punishment) as a parent could lawfully impose on his child. (Amended, 1
of 1958, Schedule)

(3) Such regulations may declare that contravention of particular
regulations shall constitute an offence and may provide penalties for
any such offence of a fine of $500 or imprisonment for 3 months.

40. Notwithstanding anything contained in section 26 of the
Magistrates Ordinance, a complaint or information in respect of offences
against this Ordinance or against any regulations made hereunder may
be made at any time.

41. Any female, juvenile or child who escapes from any custody or
control lawfully imposed on such female, juvenile or child under this
Ordinance may be recaptured by any police officer and returned to the
custody or control from which such female, juvenile or child escaped.

(Amended, 9 of 1954, s. 3; 1 of 1958, Schedule and 32 of
1978,s. 10)





42. Any person who induces or assists any female, juvenile or child
to escape from any custody or control lawfully imposed by or under this
Ordinance or by any regulations made hereunder or who harbours any
female, juvenile or child so escaping shall be guilty of an offence:
Penalty: a fine of $1,000 or imprisonment for 6 months.

(Amended, 9 of 1954, s. 4 and 32 of 19 78, s. 11)

43. Any person who without the authority of the Director of Social
Welfare communicates with any female, juvenile or child while detained
in a place of refuge shall be guilty of an offence: Penalty: a fine of $500
or imprisonment for 3 months.

(Amended, 9 of 1954, s. 4; 1 of 1958, Schedule and 32 of
1978,s. 12)

44. (1) Subject to subsection (IA), 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 female, juvenile or child 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 female or juvenile or child 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 female,
juvenile or child to such other place as he may consider more
appropriate. (Amended, 53 of 1987, S.9)

(IA) 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 (IB) for that
purpose. (Added, 53 of 1987, s. 9)

(IB) 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

(a)there is therein any female, juvenile or child who is or may be
liable to be dealt with under the provisions of this Ordinance;
or

(b)any offence under this Ordinance is being, or has been,
committed; and

(c)the entry can only be effected by the use of force. (Added, 53 of
1987, s. 9)





(1C) Any person who enters any vessel, house, building or other
place under this section shall

(a) if so required, produce evidence of his identity; and

(b) if a warrant has been issued under subsection (IB)-

(i) produce the warrant or a copy thereof, and

(ii) use only such force as is reasonably necessary to effect
entry. (Added, 53 of 1987, s. 9)

(2) 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.

(3) 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 female, juvenile or child or in seizing and detaining such
articles, books, documents or accounts.

(4) (a) 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.

(b)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.

(c)No person shall by force, restraint, threats, inducement or other
means cause any female, juvenile or child who is or may be
liable to be dealt with under the provisions of this Ordinance to
conceal herself or 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.

(5) Any person who contravenes any of the provisions of this
section shall be guilty of an offence: Penalty: a fine of $2,000 and
imprisonment for 6 months.

(Amended, 1 of 1958, Schedule and 32 of 1978, s. 13)





45. (1) 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.

(2) Any person who-

(a)on service of such notice, does not appear at the time and
place therein mentioned; or

(b)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

(c)having any female, juvenile or child in his custody or
control and being required by the Director of Social
Welfare to produce her or him, without lawful excuse
refuses or neglects to comply with such requirement,

shall be guilty of an offence: Penalty: a fine of $500 and imprison-
ment for 3 months.
(Amended, 1 of 1958, Schedule and 32 of 1978, s. 14)

46. 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.

47. 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)

48. (1) 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.

(2) 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 Governor, 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.
(Added, 17 of 1961, s. 2)





SCHEDULE [s. 34(2)(b)(i) and (ii).]

1. Murder or manslaughter of a child or juvenile. (Amended, 32 of 1978,

s. 15)

2. Infanticide.

3. Section 26, 27, 42, 43 or 44 of the Offences against the Person Ordinance.
4.Section 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,
131,

132, 133, 134, 135, 136, 140, 141 or 146 of the Crimes Ordinance. (Replaced, 1 of
1978,s.8)

5. Any offence involving bodily injury to a child or juvenile. (Amended,32of
1978,s.15)
Originally 1 of 1951. 9 of 1954. 39 of 1954. 1 of 1958. 17 of 1961. 44 of 1965. 33 of 1968. 35 of 1969. 60 of 1969. 74 of 1972. 15 of 1973. 1 of 1978. 32 of 1978. 33 of 1979. 55 of 1979. 53 of 1987. Short title. Interpretation. (Cap. 226.) (Cap. 298.) Power of Governor to declare places of refuge. Presumption and determination of age. [cf. 1948 c. 58, s. 80(3).] Powers of authorized persons to visit suspected premises. Abduction of female infant or any young person or child. 1861, c. 100, s. 55. Presumptions as to age of girl. No summary conviction or warrant to be quashed for want of form. 1861, c. 100, s. 72. Punishment for misdemeanor under this Ordinance. Director of Social Welfare to be guardian of adopted female infants, and provisions for cessation of such guardianship. Power for Director of Social Welfare to become the guardian of a female infant in certain cases by a declaration that such infant shall be his ward. Powers of the Director of Social Welfare in connection with the custody and control of his female wards. Upon application for cessation of guardianship District Court may provide for custody and control of wards and access to them. Powers of juvenile courts in relation to guardianship and custody and control of children and juveniles in need of care and protection. Schedule. (Cap. 200.) (32 of 1978.) (Cap. 181.) Power to include requirements in supervision orders. Duty of supervisor. 1969 c. 54, s. 14. Discharge or variation of orders under section 34(1). Contraventions of supervision orders. Detention of child or juvenile in place of refuge. [cf. 1933 c. 12, s. 67 and 1963 c. 37, s. 23(2).] Schedule. Detention in hospital. Power of Director of Social Welfare to protect females, juveniles and children from moral or physical danger. Jurisdiction of High Court to remain unaffected. Registration of female infant of whom guardianship is vested in Director of Social Welfare. Admissibility of register, etc. (5 of 1938.) Regulations. Provision enabling complaint or information to be laid at any time. (Cap. 227.) Power to recapture wards or persons escaping from detention in place of refuge. Penalty for inducing or assisting escape from custody or control imposed by or under Ordinance. Penalty for communicating with persons detained in a place of refuge. Powers of search, etc., by Director of Social Welfare. Power of Director of Social Welfare to require persons to attend inquiry. Service of summons, notice, etc. Reception in evidence of warrant or order, direction or authorization under hand of the Director of Social Welfare. Delegation of powers. (Cap. 212.) (Cap. 200.)

Originally 1 of 1951. 9 of 1954. 39 of 1954. 1 of 1958. 17 of 1961. 44 of 1965. 33 of 1968. 35 of 1969. 60 of 1969. 74 of 1972. 15 of 1973. 1 of 1978. 32 of 1978. 33 of 1979. 55 of 1979. 53 of 1987. Short title. Interpretation. (Cap. 226.) (Cap. 298.) Power of Governor to declare places of refuge. Presumption and determination of age. [cf. 1948 c. 58, s. 80(3).] Powers of authorized persons to visit suspected premises. Abduction of female infant or any young person or child. 1861, c. 100, s. 55. Presumptions as to age of girl. No summary conviction or warrant to be quashed for want of form. 1861, c. 100, s. 72. Punishment for misdemeanor under this Ordinance. Director of Social Welfare to be guardian of adopted female infants, and provisions for cessation of such guardianship. Power for Director of Social Welfare to become the guardian of a female infant in certain cases by a declaration that such infant shall be his ward. Powers of the Director of Social Welfare in connection with the custody and control of his female wards. Upon application for cessation of guardianship District Court may provide for custody and control of wards and access to them. Powers of juvenile courts in relation to guardianship and custody and control of children and juveniles in need of care and protection. Schedule. (Cap. 200.) (32 of 1978.) (Cap. 181.) Power to include requirements in supervision orders. Duty of supervisor. 1969 c. 54, s. 14. Discharge or variation of orders under section 34(1). Contraventions of supervision orders. Detention of child or juvenile in place of refuge. [cf. 1933 c. 12, s. 67 and 1963 c. 37, s. 23(2).] Schedule. Detention in hospital. Power of Director of Social Welfare to protect females, juveniles and children from moral or physical danger. Jurisdiction of High Court to remain unaffected. Registration of female infant of whom guardianship is vested in Director of Social Welfare. Admissibility of register, etc. (5 of 1938.) Regulations. Provision enabling complaint or information to be laid at any time. (Cap. 227.) Power to recapture wards or persons escaping from detention in place of refuge. Penalty for inducing or assisting escape from custody or control imposed by or under Ordinance. Penalty for communicating with persons detained in a place of refuge. Powers of search, etc., by Director of Social Welfare. Power of Director of Social Welfare to require persons to attend inquiry. Service of summons, notice, etc. Reception in evidence of warrant or order, direction or authorization under hand of the Director of Social Welfare. Delegation of powers. (Cap. 212.) (Cap. 200.)

https://oelawhk.lib.hku.hk/items/show/2867

1964

v14

213

21