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Chapter: | 213
 | Title: | PROTECTION OF CHILDREN AND JUVENILES ORDINANCE | Gazette Number: | |
| Section: | 35 | Heading: | Power of Director of Social Welfare to protect children and juveniles from moral or physical danger | Version Date: | 30/06/1997 |
(1) Whenever the Director of Social Welfare has reason to believe that any child or juvenile (in this section referred to as the person endangered) has been brought into or is about to be taken out of Hong Kong by force, threats, intimidation, false pretences, false representations or other fraudulent means or is in the custody or control or under the direction of another person and is or is likely to be exposed to any danger of seduction or prostitution or is likely to be exposed to any moral or physical danger he may inquire into the case and- (Amended 33 of 1968 s. 3; 53 of 1987 s. 10; 25 of 1993 s. 10)
- (a) may make any order (including if he thinks fit an order for removal to and detention in a place of refuge, hospital or such other place as he may consider appropriate) regarding the control and custody of the person endangered which he thinks desirable in the interest of that person and, if he thinks fit, may require any person into whose charge he shall place the person endangered to enter into a bond with one or more sureties to treat her or him well; or (Amended 53 of 1987 s. 8; 25 of 1993 s. 10)
(b) may require the person in whose custody the person endangered is or appears to be to do all or any of the following things-
- (i) to produce the person endangered;
(ii) to furnish photographs of the person endangered and of himself, such photographs to be taken not earlier than 6 months prior to the date of being so required; (Replaced 25 of 1993 s. 10)
(iii) to give security to the satisfaction of the Director of Social Welfare that the person endangered will not leave Hong Kong without the consent in writing of the Director of Social Welfare; (Amended 53 of 1987 s. 10)
(iv) to give like security that the person endangered will not be trained for or employed in any occupation other than such occupation as may be approved of in writing by the Director of Social Welfare. (Amended 25 of 1993 s. 10)
(2) Any person who fails to produce any child or juvenile when so required as aforesaid by the Director of Social Welfare or fails to perform any obligation imposed by any bond executed under subsection (1) shall be guilty of an offence: Penalty: a fine of $2500 and imprisonment for 6 months. (Amended 25 of 1993 s. 10)
(3) During the subsistence of any order or requirement under subsection (1) the Director of Social Welfare, any Assistant Director of Social Welfare and any public officer authorized thereto in writing by the Director of Social Welfare, either generally or specially, may at any reasonable time enter and visit the place where the person endangered is and interview the person endangered.
(4) It shall be lawful for the Director of Social Welfare of his own motion or upon application of any person aggrieved by any order or requirement made under subsection (1) or for a juvenile court upon the application of any such person or of the Director of Social Welfare to discharge any order or requirement made if the Director of Social Welfare or the juvenile court as the case may be considers that such order or requirement either was not or is no longer necessary for the protection of the person endangered. (Amended 53 of 1987 s. 8)
(5) The Director of Social Welfare may, if he considers that such a course is desirable in order to afford temporary protection to a child or juvenile in need of care or protection, make any such order or requirement as is authorized by subsection (1) prior to making any application under section 34(1). (Amended 25 of 1993 s. 10)
(6) It shall be lawful for the Director of Social Welfare notwithstanding that he may have made an order or requirement under this section in the case of a child or juvenile to apply to a juvenile court for an order under section 34. Upon any such application the juvenile court may exercise the powers conferred by subsection (4) as well as the powers conferred by section 34(1) and for the purpose of considering whether or not any order under section 34(1) ought to be made the court may disregard the protection afforded by any order or requirement made under this section and consider the matter as it would have appeared if no such order or requirement had been made.
(7) Where a person endangered is detained in a place of refuge in pursuance of this section, the person in charge of the place of refuge shall have the like control over that person as the parent and shall be responsible for his maintenance, and that person shall continue in the care of the person in charge of the place of refuge, notwithstanding that he is claimed by his parent or any other person. (Added 32 of 1978 s. 8)
(Amended 1 of 1958 Schedule; 32 of 1978 s. 8; 25 of 1993 s. 10)