Contents of Section

Chapter:

213 PDFTitle:PROTECTION OF CHILDREN AND JUVENILES ORDINANCEGazette Number:
Section:44Heading:Powers of search, etc., by Director of Social WelfareVersion Date:30/06/1997

(1) Subject to subsection (1A), the Director of Social Welfare, or any officer generally or specially authorized for that purpose in writing by the Director of Social Welfare, may enter and search any vessel, house, building or other place for the purpose of ascertaining whether there is therein any child or juvenile who is or may be liable to be dealt with under the provisions of this Ordinance, or whether any offence under this Ordinance is being, or has been, committed, and may remove any such child or juvenile to a place of refuge, a hospital or such other place as he may consider appropriate to be there detained until his or her case be inquired into or until the Director of Social Welfare, as he is hereby empowered, removes any such child or juvenile to such other place as he may consider more appropriate. (Amended 53 of 1987 s. 9; 25 of 1993 s. 16)
(1A) The Director of Social Welfare, or any officer authorized under subsection (1), shall not enter any vessel, house, building or other place by the use of force unless he has first obtained a warrant issued by a magistrate, juvenile court or District Court under subsection (1B) for that purpose. (Added 53 of 1987 s. 9)
(1B) A magistrate, juvenile court or District Court may issue a warrant to the Director of Social Welfare, or any officer authorized under subsection (1), to enter by the use of force if necessary any vessel, house, building or other place for the purposes mentioned in that subsection if that magistrate, juvenile court or District Court is satisfied by information on oath that there are reasonable grounds for suspecting that-

        (a) there is therein any child or juvenile who is or may be liable to be dealt with under the provisions of this Ordinance; or (Amended 25 of 1993 s. 16)
        (b) any offence under this Ordinance is being, or has been, committed; and
        (c) the entry can only be effected by the use of force. (Added 53 of 1987 s. 9)
(1C) Any person who enters any vessel, house, building or other place under this section shall-
        (a) if so required, produce evidence of his identity; and
        (b) if a warrant has been issued under subsection (1B)-
          (i) produce the warrant or a copy thereof; and
          (ii) use only such force as is reasonably necessary to effect entry. (Added 53 of 1987 s. 9)
(2) The Director of Social Welfare or such officer as aforesaid may, during or after any such search as is referred to in subsection (1), arrest or cause to be arrested any person reasonably suspected of being liable to prosecution for an offence against this Ordinance, and may seize and detain any articles, books, documents or accounts which he may have reason to believe to relate to any offence against this Ordinance.
(3) No person shall refuse the Director of Social Welfare or such officer as aforesaid access to any such vessel, house, building or other place, or otherwise obstruct or hinder him in effecting an entrance, or in removing such child or juvenile or in seizing and detaining such articles, books, documents or accounts. (Amended 25 of 1993 s. 16)
    (4) (a) In carrying out any search under the provisions of this section the Director of Social Welfare or such officer as aforesaid shall have power to put questions and to give any such order or direction as may be necessary to the inmates of any vessel, house, building or other place for the purpose of carrying out such search.
        (b) The inmates of any vessel, house, building or other place shall answer truthfully all questions put to them by the Director of Social Welfare, or such officer as aforesaid, and shall obey any order or direction given by him touching any matter or any person connected with such search.
        (c) No person shall by force, restraint, threats, inducement or other means cause any child or juvenile who is or may be liable to be dealt with under the provisions of this Ordinance to conceal himself in or to leave any vessel, house, building or other place being searched or about to be searched by the Director of Social Welfare or such officer as aforesaid under the provisions of this section, with the intent that the search of the Director of Social Welfare or such officer may thereby be evaded or obstructed. (Amended 25 of 1993 s. 16)
(4A) Within 48 hours after a child or juvenile has been removed to any place pursuant to subsection (1), an application in relation to that child or juvenile shall be made to a juvenile court under section 34(1) or 34C, as the case may be, if no such application has already been made. (Added 25 of 1993 s. 16)
(5) Any person who contravenes any of the provisions of subsection (3) or (4)(b) or (c) shall be guilty of an offence: Penalty: a fine of $5000 and imprisonment for 6 months.
(Amended 1 of 1958 Schedule; 32 of 1978 s. 13; 25 of 1993 s. 16)