REFORMATORY SCHOOLS ORDINANCE, 1901

REFORMATORY SCHOOLS ORDINANCE, 1901

No. 11 of 1901.

To consolidate and amend the laws relating to Reformatory
Schools. [7th August, 1901]

1. The Reformatory Schools Ordinance, 1901.

2. In this Ordinance,-
---Expenses,' when used with reference to a child detained in a
Reformatory School, 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 Refornia-
tory Schools.

3. The Governor may make orders for any of the following
purposes,-
(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 sub-
ordinate 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 a . ppear liable to be brought before a Magistrate for the purpose
of being dealt with under the provisions of section 5.
[S. 4, rep. No. 1 of 1912.]

* As ainended by No. 50 of 1911 and No. 1 of 1912.
+ As arnerWed by No. 50 of 1911, No. 1 of 1912 and No. 43 of 1912
Supp. Sched.





Proceedings with respect to Children found begging, etc.
5.-(1) In any of the following cases,-
(a) where a child is brought before a Magistrate having been
found under any of the. following circumstances :-
(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 receivingy aims; or
(ii) habitually wandering and, not ha-ving any house or settled
place of abode ; or
(11i) found repeatedly in the compaDv of reputed thieves; or
(b) where a Child is eliar,,edany offence, whether previously
convicted or not,
the Magistrate inay, in addition to or in lieu of sentencing siicl~
child according to law, if satisfied on inquiry that the child was so
found as aforesaid or had committed any such offence, in the case
of a male child,-
(a) if of opinlon. that the clAd 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 of the Superinten dent 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 con-
ferred upon the, Superintendent by this Ordinance shall be vested in
and may be exercised by the. Registrar General.

(3) The Miglstrate shall, in any such order as aforesaid, specify,
so far as is possible, the. reliffions 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 re-
gard to a child, the Magistrate before whom the child is brought,
in order that inquiries may be made as to the circumstances and

As amended b v No. 50 of 1911, No. 1 of 1912 and No. 43 of 1912
Supp. Selled.





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 that inquiries may be made with a view to
ascertaining whether the parent ha3 rendered himself liable to be
prosecuted under section 122, shall remand the proceedings for a
time not less than 7 and not exceeding 14 days, and, without pre-
judice 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 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 beine, sent to a school, or otherwise dealt with under this
Ordinance; and the master of such school and any such occupier
as aforesaid are hereby required and empowered to detain the child
accordingly, and, if the child escapes, he may be apprehended with-
out warrant and brought back to the place of detention.
(2) The Magistrate shall also. before making any such order,
unless it appears to him impracticable to do so, suitinion the parent
of the child to appear before the Court or, if necessary, issue his
warrant for apprehending such parent and bringing him before the
Court, for the purpose of enabling the parent to inalke any repre-
sentations which he may think fit as to the making or terms of the
order or the amount to be paid by the parent on account of the
child while the child is being detained in a 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 be placed in charge of the Superintendent for the purpose of
being boarded out, direct that tbe child be replaced in the charge
of his parent, and inay require the 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 of such proceedings shall be formulated and recorded in the
Court, and all evidence tendered respecting the circumstances under
which thi child was found or respecting the charge brought against





him, and, so far as possible, all evidence tendered respecting the sur-
roundings and antecedents of the child, shall be given upon oath.

9. Whenever a Magistrate orders a child to be detained in a
school or placed in charge of the Superintendent for the purpose
of being boarded out, lie 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 at the hearing of the case, 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 aseertailled 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 delivered, 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 Ordi-
nance, during the period for which he is liable to be detained.

12. A minister of the religious persuasion specified in the ordez
as that to which the child appears to belong may 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 Lar as circumstances admit. for
attending the religious servioes 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 froin the school it any previous time;
(12) it shall be the duty of the Superintendent to apply for the
discharge of a 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 ot
the child;
(3) where a child is discharged from a school in pursuances of this
Ordinance, he may be so discharged either absolutely or condi-
tionally, that is to say, on such conditions as to the disposal of the
child on his discharge, and as to his conduct thereafter and other-
wise, 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 falls to conform to any one or
more of the conditions on which he was discharged, the Governor
may, on being satisfied of the failure, revoke the order of discharge
and order the child to retkirn to the school and there remain for any
period specified 1D the order (so, however that lie be not detained
in 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 escaped froni
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 detained.

Licenees to Children to live out of Sehool.
14.-(1) The Superinendent may, at any time after a child-has
been detained in a school for 18 months, permit him, by licence, to
live out of the school, with any trustworthy and respectable person
named in the licence who is willing to receive and take charge of
him.
(2) Any such licence shall be in force for a period specified in the
licence, riot exceeding 3 months, but may, at arty time before the
expiration of that period, be renewed for a further period not ex-
ceeding 3 months, to commence` from the 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 was 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
expiration or on the revocation of his licence, may be apprehended
and otherwise dealt with in like manner as if he had escaped fron,
the school.

Boarding out ol Children.
15.-(1) The Governor may make rules consistent with this
Ordinance for the boarding out of children, and for the manage-
ment of children when boarded out in pursuance of this Ordinance,
and for the dtities of the Superintendent with respect to such
children, and for the inspection of such children.

(2) While a child is under the charge of the Superintendent for
the purpose of being boarded out, he shall continue tinder the
control of the Superintendent and of any person with whom he is
boarded out tinder the supervision of the Superintendent, nothwith-
standing that he may be claimed by his parent; and the order of
the Magistrate shall be a sufficient authority to the Superintendent
and to sneh person as aforesaid for retaining the child tinder their
control.

16. The Governor may at any tinie order the Superintendent 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 ont in pursuance of this Ordinance, as if the place
where the child is boarded out were a school : Provided that the
Governor-in-Couneil may make such further modifications of those
provisions as may appear to him to be necessary or proper for
adapting them 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 well, the Superin-

* As amended by No. 43 of 1912 Supp. Sched.
+ As amended by No 2 of 1912.





tendent may, if the child consents thereto, apprentice him, to or
dispose of him in any trade, calling, or service, or by enlistment in
His Majesty's naval or military forces, or by emigration notwith-
standing 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 : Providedthat 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 mouths, 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 Superin-
tendent, 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 Superintendent of Police, who may sue the parent
for payment.
(4) A Magistrate may at any tinie, 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 a school, or is living
out on licence from a school, or is being boarded out escapes from
the school, or from t*he person with whom he is living out on licence
or is being.boarded out, he may, at any tinie. before the expiration
of his period of detention, be apprehended without warrant and
brought back to the school.

21. If any person commits any of the following offences

As amendei.by Xo. 1 of 1012. '40, 50 of 1911.
As amended by X0. 80 Qi 1911 and 1





(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 living out on licence or is being boarded out; or
(2) knowingly. harbours, 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 so escaped, or knowingly
assists in so doing,
he shall, on summary.conviction, be liable to a fine not exceeding
200 dollars, or to imprisonment 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 under
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 under the said section, either wholly
or in part through the neglect of his parent, be sentenced to pay a
fine not exceeding 100 dollars, and, in default of payment, to be
imprisoned for any term not exceeding one 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 further direct that
the parent of the child shall pay in compensation for such loss or
damage a sum not exceeding .50 dollars.

Supple in entary Prorisions.
23 --(1) The Governor may appoint, with their consent, fit per-
sons to constitute an Advisory Committee to the Superintendent
for periods to be specified in such appointments.
(2) Members of the Advisory Committee shall, at frequent in-
tervals, visit the schools and bring to the notice of the Superin-
tendent 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

As aniended by No. 80 of 1911.
+ As arnended by No. 5o of 1911 and No. 1 of 1912,





desired to license to live out of school, or those placed by a Magis-
Irate 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 authorised by the Superintendent to
take charge of any child ordered to be detained under this Ordi-
nance, 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 engaged
in that duty have all the powers, protection, and privileges of a
police constable.

25.-(1) A certificate purporting to be signed by the Superin-
tendent or by the master or other person in charge of a school to
the effect that the child therein nanied was dub, 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.

(2) 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.

(3) 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.

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. Any notice may be served on the Superinten dent 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 prescribe the forms to be used in cases
under this. Ordinance, 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,

As amended by No. 1 of 1912 and No. 2 of 1912.
As amended by '1,,'o. 1 of 1912.
,0
AS amended by No. 5Or of 1911.

notice, or order, made for the purpose of carrying into effect the
provisions of this Ordinance, shall not be invalid for want of forin
only.

Short title. Interpretation of terms. Power to Governor to make orders relating to schools. 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. 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 towards expenses. Apprenhension 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. Rules for management,etc. Notices. Forms.

Short title. Interpretation of terms. Power to Governor to make orders relating to schools. 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. 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 towards expenses. Apprenhension 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. Rules for management,etc. Notices. Forms.

https://oelawhk.lib.hku.hk/items/show/918

1912

v2

225

No. 11 of 1901

10