Powers of juvenile courts in relation to guardianship and custody and control of children and juveniles in need of care and protection
Version Date:
30/06/1997
(1) A juvenile court, on its own motion or upon the application of the Director of Social Welfare or of any person authorized by the Director of Social Welfare in writing in that behalf either generally or specially or of any police officer upon being satisfied that any person of or above the age of 7 years brought before the court or any other person under the age of 7 years is a child or juvenile in need of care or protection, may- (Amended 15 of 1973 s. 18; 53 of 1987 s. 3; 25 of 1993 s. 6)
(a) appoint the Director of Social Welfare to be the legal guardian of such child or juvenile; or
(b) commit him to the care of any person whether a relative or not, who is willing to undertake the care of him, or of any institution which is so willing; or
(c) order his parent or guardian to enter into recognizance to exercise proper care and guardianship; or
(d) without making such order or in addition to making an order under paragraph (b) or (c), make an order placing him for a specified period, not exceeding 3 years under the supervision of a person appointed for the purpose by the court: (Amended 25 of 1993 s. 6)
Provided that no order shall be made under paragraph (a) without the consent of the Director of Social Welfare. (Amended 1 of 1958 Schedule; 32 of 1978 s. 6)
(1AA) In connection with any motion or application under subsection (1) in respect of a child or juvenile the juvenile court-
(a) may require the child or juvenile to be brought before the court; and
(b) shall give such directions as it thinks fit for notifying a parent or guardian (whose whereabouts is known) of that child or juvenile of the motion or application. (Added 53 of 1987 s. 3)
(1A) (Repealed 68 of 1995 s. 52)
(1B) A juvenile court shall, if practicable, forthwith send copies of-
(a) an order made under subsection (1)(a) or an order made under section 34C(1) discharging or varying such order-
(i) to the juvenile in relation to whom the order is made and to his parent or guardian (other than the Director of Social Welfare) or, in the case of a child, to his parent or guardian (other than the Director of Social Welfare); and
(ii) to the Director of Social Welfare;
(b) an order made under subsection (1)(b) or (c) or an order made under section 34C(1) discharging or varying such order-
(i) to the juvenile in relation to whom the order is made and to his parent or guardian or, in the case of a child, to his parent or guardian;
(ii) to the Director of Social Welfare; and
(iii) to the person or institution to whom or to which the order is directed or to whose care the child or juvenile is committed;
(c) a supervision order made under subsection (1)(d) or an order under section 34C(2)-
(i) to the juvenile in relation to whom the order is made and to his parent or guardian or, in the case of a child, to his parent or guardian;
(ii) to the Director of Social Welfare; and
(iii) where the supervised person is required by the order, or was required by the supervision order before it was varied or discharged, to reside with an individual or to undergo medical or surgical attention or treatment by or under the direction of an individual or at any place, to the individual or the person in charge of the place. (Added 32 of 1978 s. 6. Amended 53 of 1987 s. 3)
(2) For the purposes of this Ordinance, a child or juvenile in need of care or protection means a child or juvenile-
(a) who has been or is being assaulted, ill-treated, neglected or sexually abused; or
(b) whose health, development or welfare has been or is being neglected or avoidably impaired; or
(c) whose health, development or welfare appears likely to be neglected or avoidably impaired; or
(d) who is beyond control, to the extent that harm may be caused to him or to others,
and who requires care or protection. (Replaced 25 of 1993 s. 6)
(3) (Repealed 25 of 1993 s. 6)
(4) (a) Any person or institution to whose care a child or juvenile is committed under this section shall, whilst the order is in force, have the like control over the child or juvenile as the parent and shall be responsible for his maintenance, and the child or juvenile shall continue in the care of such person or institution, notwithstanding that he is claimed by his parent or any other person, and if any person-
(i) knowingly assists or induces, directly or indirectly, a child or juvenile to escape from the person or institution to whose care he is so committed; or
(ii) knowingly harbours, conceals, or prevents from returning to such person or institution, a child or juvenile who has so escaped or knowingly assists in so doing,
he shall be guilty of an offence: Penalty: a fine of $2500 and imprisonment for 6 months. (Amended 25 of 1993 s. 6)
(b) Any court having power so to commit a child or juvenile shall have power to make orders on the parent or other person liable to maintain the child or juvenile to contribute to his maintenance during such period as aforesaid such sums as the court shall think fit, and may from time to time vary such orders.
(c) Any such order may be made on the complaint or application of the person or institution to whose care the child or juvenile is for the time being committed or on the complaint or the application of the Director of Social Welfare and either at the time when any order under subsection (1) is made, or subsequently, and the sums contributed by the parent or such other person shall be paid to such person or institution as the court may name, and be applied for the maintenance of the child or juvenile or towards the cost of conducting the institution as the case may be. (Amended 1 of 1958 Schedule)
(d) Where any parent or other person has been ordered under this section to contribute to the maintenance of a child or juvenile, he shall give notice of any change of address to the court or to such person as the court may from time to time direct and if he fails to do so without reasonable excuse, he shall be guilty of an offence: Penalty: a fine of $500. (Amended 32 of 1978 s. 6; 25 of 1993 s. 6)
(5) Where the legal guardianship of any child or juvenile is vested in the Director of Social Welfare he may, subject to any order to the contrary made by a juvenile court-
(a) make any order (including if he thinks fit an order for removal to and detention in a place of refuge) regarding the custody and control of the child or juvenile which he thinks desirable in the interests of that child or juvenile;
(b) at any time require any person in whose custody the child or juvenile is or appears to be to-
(i) produce the child or juvenile; or
(ii) 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. 6)
(5A) Any person who without reasonable excuse fails to produce any child or juvenile when so required by the Director of Social Welfare pursuant to subsection (5)(b) commits an offence and is liable to a fine of $2500 and to imprisonment for 6 months. (Added 25 of 1993 s. 6)
(5B) The Director of Social Welfare, any Assistant Director of Social Welfare and any public officer authorized in writing for the purpose by the Director of Social Welfare, either generally or specially, may at any reasonable time enter and visit the residence of and interview any child or juvenile of whom the legal guardianship is vested in the Director of Social Welfare under or by virtue of this Ordinance. (Added 25 of 1993 s. 6)
(6) An order under subsection (1)(a) which is in force at the commencement of the Protection of Women and Juveniles (Amendment) Ordinance 1978 (32 of 1978) or which is made on or after such commencement, shall, unless it previously ceases to have effect, cease to have effect on the date the child or juvenile in relation to whom the order was made attains the age of 21 or marries (with the consent of the proper person prescribed in the Marriage Ordinance (Cap 181)) before that date. (Replaced 32 of 1978 s. 6)
(6A) An order under subsection (1)(b), (c) or (d) which is in force at the commencement of the Protection of Women and Juveniles (Amendment) Ordinance 1978 (32 of 1978)-
(a) in relation to a male child or male juvenile, shall, unless it previously ceases to have effect, cease to have effect on the date he attains the age of 16;
(b) in relation to a female, shall cease to have effect if she has attained the age of 18 or, unless it previously ceases to have effect, on the date she attains the age of 18 or marries (with the consent of the proper person prescribed in the Marriage Ordinance (Cap 181)) before that date. (Added 32 of 1978 s. 6)
(6B) An order under subsection (1)(b), (c) or (d) made on or after the commencement of the Protection of Women and Juveniles (Amendment) Ordinance 1978 (32 of 1978), shall, unless it previously ceases to have effect, cease to have effect on the date the child or juvenile in relation to whom the order was made attains the age of 18 or marries (with the consent of the proper person prescribed in the Marriage Ordinance (Cap 181)) before that date. (Added 32 of 1978 s. 6)
(6C) Any reference in this Ordinance to a child or juvenile in relation to whom an order under subsection (1) has been made shall, while the order remains in force, be construed as including a reference to the same person notwithstanding that in the meantime he has ceased to be a child or juvenile. (Added 32 of 1978 s.6)
(7) (Repealed 25 of 1993 s. 6)