CHILD CARE CENTRES ORDINANCE

CHILD CARE CENTRES ORDINANCE

LAWS OF HONG KONG

CHILD CARE CENTRES ORDINANCE

CHAPTER 243
1





CHAPTER 243

CHILD CARE CENTRES ORDINANCE

ARRANGEMENT OF SECTIONS

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

PART 1

PRELIMINARY

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

2. Interpretation...................... ... ... ... ... ... ... ... ... ... 2
3. Application ...................... ... ... ... ... ... ... ... ... ... 2

4. Exercise of Director's powers ............. ... ... ... ... ... ... ... 3

5. Power of Governor to give directions.... ... ... ... ... ... ... ... ... 3

PART 11

REGISTRATION OF CHILD CARE CENTRES

6.........................Prohibition of unregistered child care centres ... ... ... ... ... ... ... 3

7..........Registration ................... ... ... ... ... ... ... ... ... ... ... 3

8...................Register of child care centres ... ... ... ... ... ... ... ... ... ... 4
9...................Cancellation of registration ... ... ... ... ... ... ... ... ... ... 5

10...........................Notice of refusal or cancellation of registration ... ... ... ... ... ... 5

11............Right of appeal ............. ... ... ... ... ... ... ... ... ... ... 6

PART III

INSPECTION OF CHILD CARE CENTRES

12...........................Appointment of inspectors and medical officers ... ... ... ... ... . 6

13..................Inspection of child care centres ... ... ... ... ... ... ... ... ... ... 6

14.......................Director may direct remedial measures ... ... ... ... ... ... ... ... 6

15. Director may order cessation of use of premises as child care centre ... ... ... 7

PART IV

MISCELLANEOUS

16..............Offences and penalties .... ... ... ... ... ... ... ... ... ... ... ... 7

17.........Evidence ....................... ... ... ... ... ... ... ... ... ... 8

18. Regulations................... ... ... ... ... ... ... ... ... ... ... ... 8





CHAPTER 243

CHILD CARE CENTRES

To provide for the registration, control and inspection of child care
centres and for purposes connected therewith.

[Sections 1 to 5 and 7 to 18:1 June 1976.
Section 6: 1 June 1977.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Child Care Centres
Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'certificate of registration' means the certificate issued in respect of a
child care centre under section 7(2);

'child care centre' means any premises at which more than 5 children
who are under the age of 6 years are habitually received for the
purposes of care and supervision during part of the day or for
longer periods;

'Director' means the Director of Social Welfare;

'inspector' means a person appointed under section 12 to be an
inspector of child care centres;

'medical officer' means a Government medical officer appointed under
section 12 to be a medical officer of child care centres;

'premises' includes any building, enclosure, ground or open air space;

'registered child care centre' means a child care centre in respect of
which a person is registered under section 7(2).

(2) Without prejudice to section 3(2), for the purposes of
determining whether or not premises are a child care centre within the
meaning of subsection (1) there shall be counted in the number of
children habitually received at the premises for the purposes of care and
supervision those children in the premises who are under the age of 6
years and are members of any family ordinarily residing in the premises.
(Added, 62 of 1982, s. 2)

3. (1) This Ordinance shall not apply to-

(a)any child care centre maintained and controlled by the
Government;





(b)any child care centre situated in the premises of a hospital

(i) which is maintained and controlled by the Government or
by the Crown in the right of Her Majesty's Government in the
United Kingdom; or

(ii) in respect of which a person is registered under the
Hospitals, Nursing Homes and Maternity Homes Registration
Ordinance; or

(c)any school which is registered under the Education
Ordinance.

(2) For the avoidance of doubt, this Ordinance does not apply
where the only children in premises are members of families ordinarily
residing in the premises.

4. (1) The Deputy Director of Social Welfare may exercise any
function of the Director under any provision of this Ordinance.

(2) The Director may authorize any officer of the Social Welfare
Department to exercise any function of the Director under any provision
of this Ordinance.

5. (1) The Governor may give to the Director or to any other public
officer such directions as he thinks fit with respect to the exercise or
performance of their respective functions under this Ordinance, either
generally or in any particular case.

(2) A person to whom a direction is given by the Governor under
subsection (1) shall, in the exercise or performance of his functions
under this Ordinance, comply with that direction.

PART 11

REGISTRATION OF CHILD CARE
CENTRES

6. (1) No person shall operate or take part in the management of a
child care centre which is not a registered child care centre.

(2) Any person who contravenes subsection (1) shall be guilty of
an offence and shall be liable on conviction to a fine of $25,000 and to
imprisonment for 2 years. (Amended, 39 of 1983, s. 2)

7. (1) Application for registration in respect of a child care centre
shall be

(a) made to the Director in the form specified by him; and

(b) accompanied-

(i) by the documents specified in such form; and

(ii) by any certificate or notice specified therein from the
Director of Fire Services, the Housing Authority and the
Building Authority. (Amended, L.N. 76182 and L.N. 94186)





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

(a) by-

(i) registering the applicant in respect of the child care
centre named in the application; and

(ii) issuing to the applicant, subject to any conditions
specified therein, a certificate of registration in the prescribed
form; or

(b) by refusing to register the applicant.

(3) The Director may refuse to register the applicant if it appears to
him

(a)that the applicant or any person he proposes to employ at the
child care centre is not a fit person, whether by reason of age
or otherwise, to operate, take part in the management of or be
employed at the child care centre;

(b)that for reasons connected with the situation, construction,
accommodation, staffing or equipment, the premises to be
used for the child care centre are not fit to be used for the
purposes of a child care centre;

(c)that such premises do not comply with any requirements
relating to the structure, fire precautions, health, sanitation
and safety set out in regulations made under section 18;

(d)that the child care centre would not be under the continuous
personal management and supervision of a person, of
sufficient qualifications and experience to ensure the
satisfactory operation of the child care centre;

(e)that the proposed name of the child care centre is unsuitable
or is the same as or similar to

(i) the name of any other registered child care centre;

(ii) the name of any child care centre in respect of which the
registration of a person has been cancelled.

(4) A certificate of registration or a copy thereof purporting to be
signed by or for the Director shall be admitted in evidence without
further proof and shall

(a)until the contrary is proved, be presumed to be such certificate
or copy so signed;

(b) be evidence of the facts stated therein.

8. (1) The Director shall cause to be kept, in such form as he may
specify, a register of registered child care centres containing

(a)the name and address of every person registered in respect of
child care centres;

(b)the name and address of every registered child care centre;
and

(c) such other particulars as the Director thinks fit.





(2) A certificate purporting to be signed by or for the Director that
a child care centre is registered or is not registered shall be evidence of
the facts stated therein until the contrary is proved.

(3) A copy of an entry in the register kept under subsection (1)
purporting to be certified under the hand of the Director shall, until the
contrary is proved, be admitted in evidence as proof of the facts stated
therein as at the date of such certified copy.

(4) The register may, on application in writing to the Director and
on payment of the fee, if any, prescribed, be inspected at the office of
the Director during office hours by any member of the public.

9. The Director may cancel the registration of a person in respect
of a child care centre

(a)on any ground specified in section 7(3)(a), (b), (e) or (d)
which would have entitled him to refuse an application for
registration of that person in respect of that child care centre;

(b) on the ground that-

(i) that person has been convicted of an offence against
this Ordinance or an indictable offence; or

(ii) any other person has been convicted of such an offence
in respect of that child care centre;

(c)on the ground that, in respect of that child care centre or the
children of that centre

(i) any of the provisions of this Ordinance have been or are
being contravened; or

(ii) any requirement, order or direction made or given under
this Ordinance has not been complied with;

(d)on the ground that any condition specified in its certificate of
registration has not been or is not being complied with; or

(e) if it appears to him that-

(i) that child care centre has ceased to be operated as such
or to exist; or

(ii) that such person has ceased to operate that child care
centre.

10. (1) The Director shall, before refusing an application for
registration or cancelling any registration, give to the applicant or the
person registered, as the case may be, notice of his intention to do so,
stating the grounds on which he intends to refuse the application or
cancel the registration and containing an intimation that the applicant or
the person registered may make written representations to him.





(2) If the Director decides to refuse an application for registra-
tion or to cancel the registration, he shall make a written order,
properly dated and signed, to that effect and shall send a copy
thereof by registered post to the applicant or the person registered,
at the address last known to the Director.

11. (1) Any person who is aggrieved by an order refusing an
application for registration or cancelling a registration may, within
21 days of such refusal or cancellation, or within such further period
as the Governor may in any particular case allow, appeal by way of
petition to the Governor.

(2) The Governor may, when considering an appeal under
subsection (1), confirm, vary or reverse the order.

(3) The decision of the Governor on such appeal shall be final.

PART 111

INSPECTION OF CHILD CARE CENTRES

12. The Governor may by notice in the Gazette appoint-

(a)any officer of the Social Welfare Department to be an
inspector of child care centres;

(b)any Government medical officer to be a medical officer of
child care centres.

13. The Director and any inspector or medical officer may-

(a)at all reasonable times enter and inspect any child care
centre or any premises which he has reason to suspect are
used for the purposes of a child care centre; (Replaced,
62 of 1982, s. 3)

(b)require any person taking part in the operation or man-
agement of a child care centre to produce any book,
document or other article relating to the management of
that child care centre or to any other activity in respect of
the child care centre, or to furnish any information relating
to such management or activity;

(c)remove for further examination any book, document or
other article which he has reason to suspect is evidence of
the commission of an offence against this Ordinance, or is
evidence of a ground for the cancellation of the registra-
tion of a person in respect of a child care centre; and

(d)do such other things as are necessary for the inspection of a
child care centre.

14. (1) The Director may, in respect of any registered child
care centre, by notice in writing, give such directions as he thinks
necessary to ensure that-





(a) it is operated and managed satisfactorily;

(b)the welfare of the children attending it is promoted in a
proper manner;

(c)adequate apparatus and equipment necessary as safe-
guards against fire are provided therein; and

(d) the provisions of this Ordinance are complied with.

(2) A notice under subsection (1)-

(a)shall be served upon the person registered in respect of the
child care centre; and

(b)shall specify a period of time within which the directions
shall be complied with.

15. (1) The Director may-

(a)if it appears to him that there is any danger or risk of
danger to persons in any registered child care centre
premises; or

(b)if, in respect of any such premises, a direction given under
section 14 is not complied with within the period of time
specified in the notice served thereunder,

by order in writing direct that the premises shall cease to be used as a
child care centre for such period as he thinks fit or until further
notice.

(2) An order under this section shall be served on the person
registered in respect of the premises concerned and shall take effect
from the date of the service thereof.

(3) It shall be sufficient service of an order under this section

(a)it is delivered personally to the person on whom it is to be
served;

(b)it is sent by registered post to the last known address of
that person; or

(c)a copy thereof is posted in a conspicuous place upon or in
the premises to which it relates.

PART IV

MISCELLANEOUS

16. (1) Any person who-

(a)operates or takes part in the management of a child care
centre in any premises other than premises specified in the
certificate of registration of the child care centre;





(b)in or in connexion with any application under this Ordinance
makes any statement or furnishes information, whether such
statement be oral or written, which is false in any material
particular and which he knows or reasonably ought to know is
false in such particular;

(c)obstructs the Director or any inspector or medical officer in
the exercise of any of his powers under this Ordinance;

(d)refuses to produce any book, document or other article upon
being so required under section 13, or, when so required,
furnishes information which is false in a material particular and
which he knows or reasonably ought to know is false in such
particular;

(e) [Deleted, 39 of 1983, s. 3]

(f)fails to comply with an order served on him under section 15,

shall be guilty of an ofrence and shall be liable on conviction to a fine of
$25,000 and to imprisonment for 2 year. (Amended, 39 of 1983, s.3)

(2) Any person who operates or takes part in the management of a
child care centre operated in any name other than the name in which it is
registered shall be guilty of an offence and shall be liable on conviction
to a fine of $5,000 and to imprisonment for 2 years. (Added, 39 of 1983,
s. 3)

17. In any prosecution for an offence against this Ordinance, if it is
proved that any person did any act in connection with the organization
or operation of a child care centre, it shall be presumed, until the
contrary is proved, that such person took part in the management of
such child care centre.

18. (1) The Governor in Council may make regulations providing in
relation to registered child care centres for all or any of the following
matters

(a) the operation, management and supervision thereof,

(aa) the classes or types thereof; (Added, 62 of 1982, s. 4)

(b)the duties and responsibilities of persons registered in respect
thereof,

(c)the qualifications, experience, appointment, duties,
responsibilities and discipline of persons for the purposes of
the operation, management and supervision thereof,

(ca) the admission of children thereto and the minimum or maximum
age of children who may be admitted to any class or type
thereof; (Added, 62 of 1982, s. 4)

(d)the medical examination of the children cared for and the
persons employed therein;

(e)the exclusion therefrom of any child or employee and
measures to preserve the health and well-being of children or
employees;





(f) the control and supervision of activities therein;

(g) the adequacy, suitability and use of equipment therein;

(h)the keeping, in respect thereof, of registers, records,
timetables, menus and books of account;

(i)the reports and information to be supplied to the Director in
respect thereof,

(j) the structure, hygiene and sanitation thereof,

(k)the precautions to be taken against fire or other peril likely to
endanger the lives or health of children cared for therein;

(1)the authorizing of officers of the Fire Services Department to
enter and inspect premises in the neighbourhood of child care
centres;

(m) the control of entrances to and exits therefrom;

(ma)the amount of fees and other charges that may be charged or
imposed in respect of the services provided therein or
otherwise on account of the attendance of children thereat
and the restriction or prohibition of any further fees and
charges or of any specified fees and charges; (Added, 62
of 1982, s. 4)

(mb)the methods of payment or collection of fees and charges and
the restriction or prohibition of collections or subscriptions of
moneys; (Added, 62 of 1982, s. 4)

(n)the fees to be charged for inspection and any other service or
matter prescribed or permitted by this Ordinance;

(o) anything which may be prescribed;

(p)generally, carrying into effect the provisions of this
Ordinance.

(2) Any regulation made under this section may-

(a)prohibit the performance of specified acts without the
consent of the Director;

(b)authorize the Director to require or prohibit the performance
of specified acts; and

(c)require specified acts to be performed to the satisfaction of
the Director.

(3) The Director may, by notice in writing to the person registered
in respect of a child care centre, waive wholly, partly or conditionally
the requirements of any regulation in respect of that child care centre
and may amend, or withdraw any such notice.

(4) Regulations made under this section may provide that a
contravention thereof shall be an offence punishable on conviction by a
fine not exceeding $5,000 and a term of imprisonment not

exceeding 2 years.(Added, 39 of 1983, s.
4)
Originally 13 of 1975. L.N. 76/82. 62 of 1982. 39 of 1983. L.N. 94/86. L.N. 104/76. Short title. Interpretation. Application. (Cap. 165.) (Cap. 279.) Exercise of Director's powers. Power of Governor to give directions. Prohibition of unregistered child care centres. Registration. Register of child care centres. Cancellation of registration. Notice of refusal or cancellation of registration. Right of appeal. Appointment of inspectors and medical officers. Inspection of child care centres. Director may direct remedial measures. Director may order cessation of use of premises as child care centre. Offences and penalties. Evidence. Regulations

Originally 13 of 1975. L.N. 76/82. 62 of 1982. 39 of 1983. L.N. 94/86. L.N. 104/76. Short title. Interpretation. Application. (Cap. 165.) (Cap. 279.) Exercise of Director's powers. Power of Governor to give directions. Prohibition of unregistered child care centres. Registration. Register of child care centres. Cancellation of registration. Notice of refusal or cancellation of registration. Right of appeal. Appointment of inspectors and medical officers. Inspection of child care centres. Director may direct remedial measures. Director may order cessation of use of premises as child care centre. Offences and penalties. Evidence. Regulations

https://oelawhk.lib.hku.hk/items/show/2964

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