REFORMATORY SCHOOLS ORDINANCE, 1901

REFORMATORY SCHOOLS ORDINANCE, 1901

ORDINANCE NO. 11 OF 1901.

Reformatory School

AN ORDINANCE to consolidate and amend the laws relating
to reformatory schools. [7th august, 1901]

BE it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1 this ordinance may be cited as the reformatory schools ordinance, 1901.
2 in this ordinance and in any rules made thereunder, unless the
context otherwise requires,-
'magistrate' means a police magistrate: 'expenses,' when used with reference to a child detained in a
reformatory schoo, include the expenses of the custody, industrial
training, education, and maintenance of the child:
'order of detention' means an order of detention made in pursuance
of this ordinance:
'parent' when used in relation to a child, includes a guardian
and every person who is by law liable to maintain the child:
'school' means a reformatory school:
'the superintendent' means the superintendent of reformatory
schools.
3 the governor may from time to time make, and, when made,
alter or revoke, orders for any of the following purposes, namely,-
(1) to set apart any available site and buildings for the purpose of
a school;
(2) to appoint fit persons to be respectively superintendent, masters,
chaplains, and surgeons of schools, and also such subordinate
officers for the service of schools as the governor may think necessary;
(3) to discontinue the use of any school and appropriate the site
and buildings thereof to any other lawful purpose;
(4) to remove children from one school to another; and,
(5) on the recommendation of the registrar general, to send a male
child, who appears to the governor to be less than 14 years
of age, to a school in any instance where such child is not and
does not appear liable to be brought before a magistrarte for the
purpose of being dealt with under the provisions of section 5.
4 the site and buildings which are now known as the belilios
reformatory shall be deemed to have been set apart by the governor
as a school under section 3.

proceedings with respect to children found begging, etc.

5(1) in any of the following cases, namely,-
(a) where a child is brought before a magistrate having been
found under any of the following circumstances; that is to say,-
(i) habitually begging or receiving alms (whether actually or
under the pretext of selling anything or offering anything for
sale), or being habitually in any street or public place for the
purpose of so begging or receiving alms; or
(ii) habitually wandering and not having any house or settled
place of abode; or (iii) found repeatedly in the company of reputed thieves; or
(b) where a child is charged with any offence, whether previously
convicted or not,
the magistrate may, in adition to or in lieu of sentencing such child
according to law, if satisfied on inquiry that the child was so found as
aforesaid or committed any such offence, in the case of a male child,-
(a) if of opinion that the child is less than 14 years of age
by an order of detention, order that the child be sent to a
school; or,
(b) if of opinion that the child is less than 10 years of age, order
that he be placed in charge of the superintendent for the purpose of
his being boarded out; and,
in the case of a female child, order that she be placed in charge of
the registrar general for the purpose of being boarded out.
(2) in the case of female children, all the powers which are conferred
upon the superintendent by this ordinance or by any rules made thereunder
shall be vested in and may be exercised by the registrar general.
(3) the magistrate shall, in any such order as aforesaid, specify, so
far as is possible, the religious persuasion to which the child appears to
belong.
(4) the magistrate may require the parent of any child alleged to
have been found under any of the circumstances aforesaid to produce
the child before the court.
6(1) before making an order under this ordinance with regard
to a child, the magistrate before whom the child is brought, in order
that inquiries may be made as to the circumstances and antecedents of
the child and as to the circumstances of the parent of the child and his
ability to contribute to the maintenance of the child, and in order tha
inquiries may be made with a view to ascertaining whether the parent
has rendered himself liable to be prosecuted under section22, shall
remand the proceedings for a time not less than 7 and not exceeding
14 days, and, without prejudice to any other powers of the court
direct that the child be taken to a school or to any other place, not
being a prison, which the magistrate thinks fit and the occupier of
which is willing to receive him, and be detained therein until an order
is made for his being brought again before the court, or for his discharge,
or for his being sent to a school, or otherwise dealt with under
this ordinance; and the master of such school and any such occupier of
aforesaid are hereby required and empowered to detain the child
accordingly, and, if the child escapes, he may be apprehended without
warrant and broght back to the place of detention. (2) the magistrate shall also, before making any such order, unlesss
appears to him impracticable to do so, summon the parent of the child
appear before the court or, if necessary, issue his warrant for apprending
such parent and bringing him before the court, for the purpose
enabling the parent to make any representations which he may think
it as the making or terms of the order or the amount to be paid by
a parent on account of the child while the child is being detained in
school or boarded out.
7 whenever proceedings have been instituted respecting a child
under this ordinance and the magistrate is of opinion that the child is
less than 14 years of age and ought to be dealt with under this
ordinance, he may, in lieu of ordering him to be sent to a school or to
a placed in charge of the superintendent for the purpose of being
boarded out, direct that the child be replaced in the charge of his parent,
and may require that parent to give security, with or without sureties,
for the good behaviour of the child and in such a sum and for such term
as the magistrate may think fit.
8 in the case of any proceedings instituted under this ordinance
with a view to having a child placed in a school or in charge of the
superintendent for the purpose of his being boarded out, the grounds
such proceedings shall be formulated and recorded in the court, and
the evidence tendered repecting the circumstatnces under which the
child was found or respecting the charge brought against him, and, so
far as possible, all evidence tendered respecting the surroundings and
atecedents of the child, shall be given upon oath.
9 whenever a magistrate orders a child to be detained in a school
placed in charge of the superintendent for the purpose of being
boarded ot, he shall report the fact to the governor, and shall also state
whether any criminal proceedings have been directed to be taken against
the parent under section 22.
10 a magistrate shall, before making any order under this ordinance
with respect to a child, make due inquiry as to the age of the
child, and for that purpose take such evidence as may be forthcoming
of the hearing of the cae, and, failing such evidence, the magistrate
may presume the child to be of such age as the child appears to the
magistrate to be; but the order, when made, shall not be invalidated by
any subsequent proof that the age of the child had not been correctly
ascertained or presumed by the magistrate; and the age presumed or
declared by the magistrate to be the age of the child shall, for the
purposes of this ordinance, be deemed to be the true age of the child. 11(1) where a magistrate makes an order for the detention of
a child in a school, the magistrate shall specify in the order the cause
for which and the school in which the child is to be detained; and the
child shall be deliveered, with the order, into the custody of the master
or other person in charge of the school.
(2) the order shall be a sufficient authority for the conveyance of the
child to the school and for his detention therein or in any other place
to which he is transferred in pursuance of this ordinance, during the
period for which he is liable to be detained.
12 a minister of the religious persuasion specified in the order as
that to which the child apperars to belong amy visit the child at the
school on such days, at such times, and on such conditions as may be
fixed by the governor, for the purpose of affording religious assistance to
the child, and also for the purpose of instructing him in the principles of
his religion; and every child detained in a school shall have reasonable
facilities, so far as circumstances admit, for attending the religious services
of his creed.
13 when a child is ordered to be detained in a school the order shall
be in force until the child attains the age of 18 years: provided
as follows:-
(1) the child, on attaining the age of 16 years, shall be entitled
to be discharged from the school, and may, if the governor so orders,
be discharged from the school at any previous time;
(2) it shall be the duty of the superintendent to apply for the discharge
of child detained in a school, or to grant him a licence to
live out of such school, at the earliest lawful date which is, in the
opinion of the superintendent, consistent with the welfare of the child;
(3) where a child is discharged from a school in pursuance of this
ordinance, he may be so discharged either absolutely or conditionally,
that is to say, on such conditions as to the disposal of the
child on his discharge, and as to his conduct thereafter and otherwise, as
the governor may, by general or special order, direct;
(4) where a child has been conditionally discharged from a school in
pursuance of this ordinance and fails to conform to any one or more
of the conditions on which he was discharge, the governor may
on being satisfied of the failure, revoke the order of discharge and
order the child to return to the school and there remain for any
period specified in the order(so, however, that he be not detained is
the school after attaining the age of 18 years), and, if the
child disobeys the order, he may be dealt with as if he had occuped
from the school; and, (5) on the revocation of an order of discharge, any obligation to contribute
to the expenses of the child shall revive and be in force
during the period for which the child is dtained.

licences to children to live out of school.

14(1) the superintendent may, at any time after a child has
been detained in a school for 18 months, permit him, by licence,
live out of the school, with any trustworthy and respectable person
amend in the licence who is willing to receive and take charge of him.
(2) such licence shall be in force for a period specified in the
licence, not exceeding 3 months, but may at any time before the exeration
of that period, be renewed or a further period not exceeding
3 months, to commence fro mthe expiration of the previous period,
and so from time to time until the child is discharged.
(3) the superintendent may also at any time, by order in writing,
revoke any such licence and order the child to return to the school in
which he has detained previously to his being licensed.
(4) a child escaping from the person with whom he is placed in
pursuance of this section, or refusing to return to the school at the
exeration or on the revocation of his licence, may be apprehended and
otherwise dealt with in like manner as if he had escaped from the
school.

boarding out of children.

15(1) the governor may make rules consistent with this ordinance
for the boarding out of children, and for the management of children
when boarded out in pursuance of this ordinance, and for the duties
of the superintendent with respect to such children, and for theinspection of
such children.
(2) while a child is under the charge of the superintendent for the
purpose of being boarded out, he shall continue under the control of the
superintendent and of any person with whom he is boarded out under
the supervision of the superintendent, notwithstanding that he may be
claimed by his parent; and the order of the magistrate shall be a sufficient
authority to the superintendent and to such person as aforesaid for
detaining the child under his control.
16 the governor may at any time order the superintnedent to
transfer to a school any child boarded out in pursuance of this ordinance
or to board out any child ordered to be sent to a school, and, in
either of these cases, the provisions of this ordinance shall apply as if the child had been in the first instance sent to a school or boarded out, as
the case may be.
17 the provisions of this ordinance with respect to a child detained
in a school shall, so far as applicable, apply in the case of a child boarded
out in pursuance of this ordinance, as if the place where the child is
boarded out were a school: provided that the governor-in-council may
make such further modifications of those provisions as may appear to him
to be necessary or proper for adapting those provisions to the case of
children boarded out in pursuance of this ordinance.

apprenticing, enlistment, and emigration of children.

18 if a child who is detained in or living out on licence from a school
or is being boarded out conducts himself weel, the superintendent may,
if the child cosents thereto, aprentice him to or diopose of him in any
trade, calling, or service, or by enlistment in his majesty's naval or
military forces, or by emigration, notwithstanding that his period of
detention has not expired; and such apprenticing or disposition shall be
as valid as if the superintendent was the parent of the child: provided
that where the child is to be disposed of by enlistment or by emigration,
and in any case unless the child has been detained for 12 months, the
consent of the governor shall also be required to the exercise of any
power under this section.

liability of parent for expenses of child.

19(1) the parent of a child detained in a school shall be liable to
pay for his expenses therein.
(2) at the time of making the order of detention, the magistrate
shall also make an order on the parent to contribute such sums towards
the expenses of the child during his detention as may seem proper, after
due examination into the ability of the parent to pay and after consideration
of all the circumstances of the case, but the sum to be contributed shall
not exceed the expenses of the child. it shall be the duty
of the magistrate to re-consider the amount of the contribution on receipt
of an application from the superintendent or from the parent for a revision
of the order.
(3) the parent shall pay the sum named in the order monthly to the
captain superintedent of police, who may sue the parent for payment,
and shall pay any sum received by him from the parent into the colonial
treasury for the use of the government of the colony.
(4) a magistrate may at any time, on just cause being shown, revoke
or vary any order made under this section. offences in relation to schools.

20 if a child who is ordered to be detained in school, or is living
it on licence from a school, or is being boarded out escapes from the
school, or from the person with whom he is living out on licence or is
being boarded out, he may, at any time before the expiration of his
period of detention, be apprehended without warrant and brought back
the school.
21 if any person committs any of the following offences; that is to say,-
(1) knowingly assists or induces, directly or indirectly, a child who
is detained in or living out on licence from a school or is being
boarded out to escape from the school or from any person with
whom he is lving out on licence or is being boarded out; or
(2) knowingly labours, conceals, or prevents from returning to a
school, or to any person with whom he is living out on licence or is
being boarded out, a child who has no escaped, or knowingly assists
in so doing,
we shall, on summary conviction, be liable to a penalty not exceeding
$200 or, at the discretion of the court, to imprisonment,
with or without hard labour, for any term not exceeding 2 months.
22(1) the parent of any child who has been found under such
circumstances or has committed such an offence as has rendered him, in
the opinion of a magistrate, liable to be dealt with udner section 5 shall
be liable to be prosecuted as for a criminal offence, and shall, if the
magistrate is satisfied that the child has rendered himself liable to be
dealt with udner the said section, either wholly or in part through the
neglect of his parent, be sentenced to pay a fine not exceeing $100
and in default of payment of payment, to imprisonment, with
or without hard labour, for any term not exceeding 1 month.
(2) in case of any loss or damage to any person resulting from such
action of the child as may have rendered him liable to be dealt with
under the said section, the magistrate may, in his discretion, further
direct that the parent of the child shall pay in compensation for such
loss or damage a sum not exceeding $50.

supplementary provisions.

23(1) the governor may from time to time appoint, with their
present, fit persons constitute an advisory committee to the superintendent
for periods to be specified in such appointments.
(2) members of the advisory committee shall, during the period for which they are apointed, from time to time, at frequent intervals, visit
the schools and bring to the notice of thesuperintendent anything
which they consider deserving of comment, and shall generally assist
the superintendent with their advice on all matters connected with the
schools.
(3) they shall also assist the superintendent in finding suitable
persons under whose charge to place those children whom it is desired to
licence to live out of school, or those place by a magistrate in charge
of the superintendent for the purpose of their being boarded out, and
shall help in exercising a constant supervision over such children.
24 every officer of a school authorized by the superintendent to
take charge of any child ordered to be detained under this ordinance,
for the purpose of conveying him to or from the school, or of apprehending
and bringing him back to the school, in case of his escape or refusal
to return, shall for that purpose and while engeged in that duty have all
the powers, protection, and privileges of a police constable.
25(1) the production of a copy of the gazette containing a notice
of the setting apart of a site and buildings for the purpose of a school, or
of any site and buildings having ceased to be a school, shall be sufficient
evidence of a site and buildings having been duly set apart as a school
or having so ceased, as the case may be.
(2) a certificate purporting to be signed by the superintendent or
by the master or other person in charge of a school to the effect that the
child therein named was duly received into and is, at the date of the
signing thereof, detained in the school, or has been otherwise dealt with
according to law, shall, in all proceedings relating to the child, be
evidence of the matters therein stated.
(3) a copy of rules purporting to be the rules of a school and to be
signed by the superintendent shall be evidence of the rules of the school.
(4) a school to which any child is directed to be sent in pursuance
of this ordinance shall, until the contrary is proved, be deemed to be a
reformatory school under this ordinance.
26 the superintendent may, subject to the approval of the governor,
make rules consistent with this ordinance for the management and
discipline of any school.
27(1) an order or other act of the governor under this ordinance
may be signified under the hand of the colonial secretary.
(2) any notice may be served on the superintendent by being delivered personally
to him or by being sent by post or otherwise in a
letter addressed to him at his office. 28. the governor may from time to time prescribe the forms to be
used in cases under this ordinnance, and any form so prescribed may be
used in the case to which it refers, with such variations as circumstances
may require, and, when used, shall be sufficient; but a summons, notice,
or order, made for the purpose of carrying into effect the provision of
this ordinance, shall not be invalid for want to form only.
A.D. 1901. Ordinance No. 14 of 1901. Short title. Interpretation of terms. Power to Governor to make orders relating to schools. The Belilios Reformatory. Modes of dealing with children according to age. Remand of case and notice to parent. Replacing child in charge of parent. Grounds of proceedings and evidence. Report as to detention or boarding out of child, etc. Inquiry and presumption as to age of child. Conveyance of child to school and detention therein. Provision as to religious assistance. Period of detention and discharge from school. Licence for living out of school. Making of rules relating to boarding out of children. Transfer to or from school from or to place of boarding. Application of the Ordinance in case of child boarded out. Disposition, by apprenticing, etc., of well-conducted child. Making and enforcement of order on parent to contribute toward expenses. Apprehension in case of escape. Assisting escape or harbouring escaped child. Liability of parent to prosecution in certain cases. Appointment and duties of Advisory Committee. Officer to have in certain cases powers of constable. Evidence. Making of rules for management, etc. Orders and notices. Forms.

A.D. 1901. Ordinance No. 14 of 1901. Short title. Interpretation of terms. Power to Governor to make orders relating to schools. The Belilios Reformatory. Modes of dealing with children according to age. Remand of case and notice to parent. Replacing child in charge of parent. Grounds of proceedings and evidence. Report as to detention or boarding out of child, etc. Inquiry and presumption as to age of child. Conveyance of child to school and detention therein. Provision as to religious assistance. Period of detention and discharge from school. Licence for living out of school. Making of rules relating to boarding out of children. Transfer to or from school from or to place of boarding. Application of the Ordinance in case of child boarded out. Disposition, by apprenticing, etc., of well-conducted child. Making and enforcement of order on parent to contribute toward expenses. Apprehension in case of escape. Assisting escape or harbouring escaped child. Liability of parent to prosecution in certain cases. Appointment and duties of Advisory Committee. Officer to have in certain cases powers of constable. Evidence. Making of rules for management, etc. Orders and notices. Forms.

https://oelawhk.lib.hku.hk/items/show/748

1901

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No. 11 of 1901

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