CHILD CARE CENTRES REGULATIONS
Title
CHILD CARE CENTRES REGULATIONS
Description
CHILD CARE CENTRES REGULATIONS
ARRANGEMENT OF REGULATIONS
Regulation Page
PART 1
PRELIMINARY
1. Citation .............................. ... ... ... ... ... ... ... A
2. Interpretation............................ ... ... ... ... ... ... ... ... A
PART 11
APPOINTMENT AND DUTIES OF STAFF
3. Supervisors. child care workers and trainee child care workers ... ... ... ... A 3
4. Inclusion in and removal from the registers referred to in regulation 3 ... ... A 4
5. Appointment of staff... ... ... ... ... ... ... ... ... ... ... ... A 4
6. Minimum staff requirements ... ... ... ... ... ... .... ... ... ... ... A 5
7. List of staff to be submitted to Director ... ... ... ... ... ... ... ... A 5
8. Records ... ... ...... ... ... ... ... ... ... ... ... ... ... ... A 5
9. Suitable activities to be provided ... ... ... ... ... ... ... ... ... ... . A 6
10. Time-table subject to approval of Director ... ... ... ... ... ... ... ... A 6
.11. Permission required for training of child care workers ... ... ... ... A 6
12. Information to he given concerning the centre and children ... ... ... ... A 6
13. Non-resident children... ... ... ... ... ... ... ... ... ... A 6
14. Child care centre name and certificate of registration to be displayed A 6
15. Corporal punishment probibited ... ... ... ... ... ... ... ... ... ... A 7
PART 111
STRUCTURAL REQUIREMENTS AND USE OF
CENTRES
16. Operator to furnish plan of centre premises ... ... ... ... ... ... A7
17. Precautions for health and safety ... ... ... ... ... ... ... ... ... ... A 7
is. Repair ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 7
19. Maximum height of centres ... ... ... ... ... ... ... ... ... ... ... A 7
20. Minimum height of parapets and window openings ... ... ... ... ... ... A 7
21. Ventilation and lighting ... ... ... ... ... ... ... ... ... ... ... ... . A 7
22. Structural alterations ... ... ... ... ... ... ... ... ... ... ... ... A 8
23. Periodic inspection of premises ... ... ... ... ... ... ... ... ... ... A 8
24. Roof playgrounds ... ... ... ... ... ... ... ... ... ... ... ... ... A 8
25. Children using play-areas to he under supervision ... ... ... ... ... ... A 9
26. Numbers of children allowed on a roof playground ... ... ... ... ... ... A 9
PART IV
FIRE PRECAUTIONS
27. Fire officers may inspect centre premises... ... ... ... ... ... ... ... A
28. Fire officers may, inspect buildings in neighbourhood of a centre if fire risk
suspected ... ... ... ... ... ... ... ... ... ... ... ... ... ... A
29. Reports thereon... ... ... ... ... ... ... ... ... ... ... ... ... A
30. Fire drills, exits ... ... ... ... ... ... ... ... ... ... ... ... ... ... A
Regulation Page
PART V
HEALTH AND
SANITATION
31. Area of floor space per child ... ... ... ... ... ... ... ... ... ... ... A 10
32. Toilet facilities ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 11
33. Water supply ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 11
34. Ablutions ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 11
35. Meals ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 11
36. Safety and hygiene ... ... ... ... ... ... ... ... ... ... ... ... ... A 11
37. Furniture and equipment ... ... ... ... ... ... ... ... ... ... ... A 11
38. Smoking and spitting ... ... ... ... ... ... ... ... ... ... ... ... A 12
39. Heating ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 12
40. Medical examination of person or clothing of children ... ... ... ... ... A 12
41, Infectious diseases ... ... ... ... ... ... ... ... ... ... ... ... ... A 12
42. Medical examination of children and employees ... ... ... ... ... ... ... A 13
43. First aid ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 13
44. Residential centres ... ... ... ... ... ... ... ... ... ... ... ... ... A 13
45. Medical examination in residential child care centre ... ... ... ... ... ... A 14
PART VA
FEES AND
COLLECTIONS
45A. Interpretation ... ... ... ... ... ... . ... ... ... ... . A 14
45B Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 14
45C. Fees other than inclusive monthly fee prohibited ... ... ... ... ... ... ... A 14
45D. Approval for increase in fee ... ... ... ... ... ... ... ... ... ... ... A 15
45E. Method of collection ... ... ... ... ... ... ... ... ... ... ... ... A 15
45F. Formal 1 receipts ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 15
45G. Accounts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 15
45H. Prohibition tion- of collections etc. without permission of' Director ... ... ... ...
A 15
PART VI
MISCELLANEOU
S
46. Offences ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 16
47. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 16
48. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 16
First Schedule. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 16 Second Schedule . ... ... ... .. ...
.... ... ... ... ... ... ... ... ... ... ... A 17 Third Schedule. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A
18
CHILD CARE CENTRES REGULATIONS
(Cap. 243, section 18)
[1 June 1976.1
PART 1
PRELIMINARY
1. These regulations may be cited as the Child Care Centres
Regulations.
2. In these regulations, unless the context otherwise re-
quires-
,,centre' means a registered child care centre;
'child' means a child who is under the care of a centre;
'child care worker'* means a person whose name is contained in the
register referred to in regulation 3(1)(b);
,,employee' includes the staff of and other persons employed in a
centre;
,,operator', in relation to a centre, means the person who is
registered in respect of that centre under section 7 of the
Ordinance;
.'resident child' means a child for whom overnight accommodation
is provided in a residential centre;
residential centre' means a centre in which overnight accommoda-
tion is provided for children;
',staff' means the supervisor and any child care worker or trainee
worker appointed under regulation 5;
'supervisor' means a person appointed as a supervisor under
regulation 5(1)(a);
'trainee worker' means a person whose name is contained in the
register referred to in regulation 3(1)(c).
PART 11,
APPOINTMENT AND DUTIES OF STAFF
3. (1) The Director shall cause to be kept-
(a)a register containing the name and address of persons
holding the qualifications specified in paragraph 1 or 2 of
Part 1 of the First Schedule;
(b)a register of child care workers, containing the name and
address of every person holding the qualifications specified
in paragraph 1, 2 or 3 of Part 11 of the First Schedule; and
(c)a register er of trainee child care workers, containing the name
and address of every person holding the qualifications
specified in Part Ill of the First Schedule.
(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.
4. (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, address and qualifications of the
applicant in the appropriate register; or
(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 is not a fit person, whether by reason
of age or otherwise, to take part in the management of or be employed in
a centre.
(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) The Director may remove the name of any trainee worker from
the register referred to in regulation 3(1)((.) if. within 1 year (or such
longer period as he may permit) the trainee worker fails to complete
successfully the training course specified under paragraph (b) of Part Ill
of the First Schedule.
5. (1) Every operator shall appoint for the purposes of the centre in
respect of which he is registered
(a)a supervisor, who shall be responsible for the management of
the centre; and
(b)a sufficient number of child care workers or, subject to
paragraph (2), trainee workers to ensure compliance with
regulation 6.
(IA) 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).
(2) Except with the consent in writing of the Director, the number of
trainee workers appointed under paragraph (1)(b) shall not at any time
exceed 1/3 of the total number of the staff of the centre concerned.
6. (1) The minimum number of staff required to he 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..
(11) between 8 p.m. and 8 a.m., one member of the staff for
every 12 resident children or part thereof;
(b)one member of the staff for every 8 non-resident children or
part thereof under 2 years of age; and
(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 sub-paragraph (a). (b) or (c) shall be in addition to that required
under each of the other two sub-paragraphs.
(3) The minimum number of persons required to he 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.
7. (1) Within 14 days of the registration of a centre the supervisor
thereof shall submit to the Director a list of all the staff appointed under
regulation 5.
(2) Where any change in the staff occurs the supervisor shall
inform the Director in writing thereof within 14 days of the occurrence.
8. (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,
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; and
(i)the name, address and qualifications of each member of the
staff.
(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.
9. 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
(c)include opportunities for periods of indoor and outdoor
activity and periods of rest.
10. (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 consplcuous
place in the centre.
11. No centre shall provide courses of training for persons desiring
to be child care workers except with the written permission of the
Director.
12. The operator or supervisor shall submit to the Director such
information concerning the centre or children therein as he may require.
13. (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. (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. No person shall administer corporal punishment to a child in a
centre.
PART 111
STRUCTURAL REQUIREMENTS AND USE OF
CENTRES
16. The operator of a centre shall on demand supply the Director
with a plan or diagram. with dimensions. of the centre premises.
17. 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. All centre premises shall, to the satisfaction of the Director.
bekept in a state of repair.
19. 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.
20. 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.
21. (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) The ceiling of every such room shall be not less than 2.5 m
above the floor level of such room.
22. 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
arrangemerits of any centre or in the ventilation or lighting of
a room therein;
(e) any subdivision of such a room.
23. (1) The operator of a centre shall, at intervals not exceeding 3
years, request
(a)in the case of. a centre situated in premises owned or
managed by the Hong Kong Housing Authority, the Director
of Housing; or
(b) in any other case, the Director of Buildings and Lands
to inspect the premises in order to determine whether the premises are in
a sound structural condition.
(2) Where an inspection is carried out under paragraph (1). the
Director of Housing or the Director of Building and Lands
as the case may be, shall-
(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. (1) Roof playgrounds shall satisfy the following structural
requirements
(a)the roof shall be situated on premises constructed of
reinforced cement concrete;
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.
(2) No roof, verandah or balcony of a centre shall be used as a
playground unless a certificate of stability has been given by
(a)in the case of a centre situated in premises owned or managed
by the Hong Kong Housing Authority, the Director of
Housing; Or
(b) in any other case, the Director of Buildings and Lands
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.
(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. 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. (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.
PART IV
FIRE PRECAUTIONS
27. (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. (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. 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. (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 a fire drill, including the use of all exits from the centre
premises, is carried out by every employee at least once in every
month; and once in every year the fire drill shall include evacuation
of the premises to the point of egress at ground floor level; and
(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
31. 1 The minimum area of floor space required '111 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.
(2) In calculating the area of floor space required under paragraph 1 for
the purposes of column 3(a) 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 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.
32. (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;
(e) 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.
33. An adequate and wholesome supply of water shall be
provided in the premises of every centre.
34. (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 con-
structed for the purposes of a centre shall be equipped with
adequate changing rooms and bathing facilities for the children and
employees.
35. (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.
36. (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 require-
ments 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 Direc-
tor, cause the whole or any part of the centre premises to be suitably
colour-washed or painted.
37. (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. 1 Except in a room specified by the Director, no person shall
smoke in a centre during the hours that a centre is being operated.
(2) No person shall spit in the premises of any centre.
39. A centre shall be provided with an adequate and safe system of
heating. to the satisfaction of the Director.
40. (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) 1 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. (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 infectious disease or by reason of having
been in contact with or living in the same house as a person suffering
from an 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 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
infectious disease, he shall immediately so report to a medical officer.
(3) In this regulation. 'infectious disease- has the same mean-. ing
as in the Quarantine and Prevention of Disease Ordinance.
42. (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.
43. (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.
(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. (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; and
(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. (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.
PART VA
FEES AND
COLLECTIONS
45A. In this Part 'inclusive monthly fee- means the total sum of
money charged per month in respect of the care and supervision of a
child in a centre.
45B. (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 supervisor;
(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 supervisor of a centre to submit to him particulars of the
inclusive monthly fee charged or proposed to be charged.
45C. (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 supervisor 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.
(4) An approval given under paragraph (2) shall be displayed in a
conspicuous place in the centre.
45D. (1) The inclusive monthly fee in respect of a centre shall not be
increased without the approval, in writing. of the Direct-or.
(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. Unless otherwise permitted, in writing, by the Director. the inclusive
monthly fee in respect of a centre shall be collected each month.
45F. 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. The supervisor of a centre shall-
(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. (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 VI
MISCELLANEOUS
46. (1) Any person who contravenes regulation 15, 27(2), 28(2), 38,
45C(1) or 45H(1) shall be guilty of an offence.
(2) Any operator who contravenes regulation 36(2) shall be guilty
of an offence.
(3) If regulation 11 or 22 is contravened 1 in respect of a centre.
the operator thereof shall be guilty of an offence. i (3
(3A) If, without reasonable excuse, regulation 6 or 31 is
contravened in respect of a centre. the operator thereof shall be guilty
of an offence.
(4) Any supervisor who contravenes regulation 7(1) or (2),
8(1) or (2), 30(1) or (2) 4 1) or (2). or 45G shall he guilty of an offence.
(4A) If regulation (4) is contravened in respect of a centre, the
supervisor thereof shall be guilty of an offence.
(5) If, without reasonable excuse. regulation 13(2) ot: 25 is
contravened in respect of a centre. the supervisor thereof shall be guilty
of an ofTence.
(6) Any employee of a centre who contravenes regulation 45F or
45H(2) shall be guilty of an offence.
47. Any person who is guilty, of an offence under these
regulations shall be liable on conviction to a fine of $5,000.
48. The forms in the Third Schedule are prescribed for the
purposes of the Ordinance.
FIRST SCHEDULE
PART 1 [reg. 3(1)(a).]
Qualifications for entry tit the register kept under regulation 3( 1)(a)
1. (a) (i) A Hong Kong English School Certificate, a Hong Kong Chinese
School Certificate or a Hong Kong Certificate of' Education xith an
aggregate of 2 separate subjects ai Grade E or a higher grade: or
(ii) other educational training which. in the opinion of the Director. is
equivalent to the qualifications in sub-paragraph (i);
(b) successful completion of a training course approved by the Director;
(c) 3 years child care experience of a kind approved by the Director:
and (d) aged 25 years or over.
OR
2. (a)5 years experience as a child care worker which. in the opinion of the
Director, has been satisfactory; and
(b) aged 28 years or over.
PART II [reg. 3(1
)(h).]
Qualifications for a child care worker
1 (a) (i) A Hong Kong English School Certificate. a Hong Kong Chinese School
Certificate or a Hong Kong Certificate of Education with an aggregate of
2 separate subjects at Grade E or a higher grade: or
(ii) other educational training which, in the opinion of the Director, is
equivalent to the qualifications in sub-paragraph (i); and
(b) successful completion of a training course approved by the Director.
OR
(a) (i) Completion of Form 11 or Junior Middle 11 in education: or
(ii) other educational training which. in the opinion of the Director, is
equivalent to the qualifications in sub-paragraph (i):
(b) successful completion of a training course approved by the Director: and
(c) 3 years child care experience in a centre before 1 September 1981.
OR
3. (a) (i) Completion of Form 111 or Junior Middle Ill in education; or
(ii) other educational training which. in the opinion ot' the Director. is
equivalent to the qualifications in sub-paragraph (i); and
(b) successful completion of a training course approved by the Director.
PART 111 [reg. 3(
1)(c).]
Qualifications for a trainee worker
(a) (i) Completion of Form 111 or Junior Middle Ill in education: or
(ii) other educational training which. in the opinion of the Director, is
equivalent to the qualifications in sub-paragraph (i);
(b)satisfies the Director of the intention to complete a training course
approved by the Director; and
(c) aged 18 years or over.
SECOND SCHEDULE [reg. 3 1.1
Area of floor space per child
Column 1 Column 2 Column 3
1
Type of centre Age of child A rea required
pep. child
(a) (b)
non-residential centre under 2 years 2.8 m' 3.3 M2
2 years and over 1.8 m' 2.3 m'
residential centre any age 3.2 m' 3.7 m'
THIRD SCHEDULE
FORM 1 [s. 7(2).]
CHILD CARE CENTRES 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 Centres 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. Particulars of person registered in respect of above centre-
(a) Name (in English) ........................................................................................
Name (in Chinese)
..................................................................
b) Address ........................................................................................................
4. This certificate is issued subject to the following conditions-
(a)
......................................................................................................................
(b)
......................................................................................................................
(C) ......................................................................................................................
(Signed) .............................................................................
Director of Social WeIfare.
Hong Kong ........................... 19
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 or any other Ordinance relating to the child care centre premises, nor
does it in any way atlect or modify any agreement or covenant relating to any
premises in which the child care centre is operated.
L.N. 101/76. L.N. 61/77. L.N. 90/80. L.N. 76/82. L.N. 317/82. L.N. 105/76. Citation. Interpretation. L.N. 90/80. L.N. 317/82. L.N. 90/80 Supervisors, child care workers and trainee child care workers. L.N. 90/80. L.N. 317/82. First Schedule. Inclusion in and removal from the registers referred to in regulation 3. L.N. 90/80. L.N. 90/80. First Schedule. Appointment of staff. L.N. 90/80 L.N. 317/82. L.N. 90/80. Minimum staff requirements. L.N. 90/80. List of staff to be submitted to Director. Records. L.N. 90/80. L.N. 90/80. L.N. 317/82. Suitable activities to be provided. Time-table subject to approval of Director. Permission required for training of child care workers. Information to be given concerning the centre and children. Non-resident children. Child care centre name and certificate of registration to be displayed. Corporal punishment prohibited. Operator to furnish plan of centre premises. Precautions for health and safety. Repair. Maximum height of centres. L.N. 90/80. Minimum height of parapets and window openings. L.N. 61/77. Ventilation and lighting. L.N. 61/77. Structural alterations. Periodic inspection of premises. L.N. 90/80. L.N. 76/82. Roof playgrounds L.N. 61/77. L.N. 90/80. L.N. 76/82. Children using play-areas to be under supervision. Numbers of children allowed on a roof playground. L.N. 61/77. Fire officers may inspect centre premises. Fire officers may inspect buildings in neighbourhood of a centre if fire risk suspected. Reports thereon. First drills, exits. Area of floor space per child. L.N. 317/82. Second Schedule. L.N. 90/80. Toilet facilities. L.N. 61/77 Water supply. Ablutions. Meals. Safety and hygiene. Furniture and equipment. Smoking and spitting. Heating. Medical examination of person or clothing of children. Infectious diseases. (Cap. 141.) Medical examination of children and employees. First aid. L.N. 317/82. Residential centres. Medical examination in residential child care centre. L.N. 317/82. Interpretation. Fees. Fees other than inclusive monthly fee prohibited. Approval for increase in fee. Method of collection. Formal receipts. Accounts. Prohibition of collections, etc. without permission of Director. Offences. L.N. 317/82. L.N. 90/80. L.N. 317/82. L.N. 317/82. L.N. 317/82. Penalties. L.N. 317/82. Forms Third Schedule. L.N. 90/80. L.N. 317/82. L.N. 317/82. L.N. 317/82.
Abstract
L.N. 101/76. L.N. 61/77. L.N. 90/80. L.N. 76/82. L.N. 317/82. L.N. 105/76. Citation. Interpretation. L.N. 90/80. L.N. 317/82. L.N. 90/80 Supervisors, child care workers and trainee child care workers. L.N. 90/80. L.N. 317/82. First Schedule. Inclusion in and removal from the registers referred to in regulation 3. L.N. 90/80. L.N. 90/80. First Schedule. Appointment of staff. L.N. 90/80 L.N. 317/82. L.N. 90/80. Minimum staff requirements. L.N. 90/80. List of staff to be submitted to Director. Records. L.N. 90/80. L.N. 90/80. L.N. 317/82. Suitable activities to be provided. Time-table subject to approval of Director. Permission required for training of child care workers. Information to be given concerning the centre and children. Non-resident children. Child care centre name and certificate of registration to be displayed. Corporal punishment prohibited. Operator to furnish plan of centre premises. Precautions for health and safety. Repair. Maximum height of centres. L.N. 90/80. Minimum height of parapets and window openings. L.N. 61/77. Ventilation and lighting. L.N. 61/77. Structural alterations. Periodic inspection of premises. L.N. 90/80. L.N. 76/82. Roof playgrounds L.N. 61/77. L.N. 90/80. L.N. 76/82. Children using play-areas to be under supervision. Numbers of children allowed on a roof playground. L.N. 61/77. Fire officers may inspect centre premises. Fire officers may inspect buildings in neighbourhood of a centre if fire risk suspected. Reports thereon. First drills, exits. Area of floor space per child. L.N. 317/82. Second Schedule. L.N. 90/80. Toilet facilities. L.N. 61/77 Water supply. Ablutions. Meals. Safety and hygiene. Furniture and equipment. Smoking and spitting. Heating. Medical examination of person or clothing of children. Infectious diseases. (Cap. 141.) Medical examination of children and employees. First aid. L.N. 317/82. Residential centres. Medical examination in residential child care centre. L.N. 317/82. Interpretation. Fees. Fees other than inclusive monthly fee prohibited. Approval for increase in fee. Method of collection. Formal receipts. Accounts. Prohibition of collections, etc. without permission of Director. Offences. L.N. 317/82. L.N. 90/80. L.N. 317/82. L.N. 317/82. L.N. 317/82. Penalties. L.N. 317/82. Forms Third Schedule. L.N. 90/80. L.N. 317/82. L.N. 317/82. L.N. 317/82.
Identifier
https://oelawhk.lib.hku.hk/items/show/2965
Edition
1964
Volume
v16
Subsequent Cap No.
243
Number of Pages
19
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHILD CARE CENTRES REGULATIONS,” Historical Laws of Hong Kong Online, accessed November 10, 2024, https://oelawhk.lib.hku.hk/items/show/2965.