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Chapter:

243 PDFTitle:CHILD CARE SERVICES ORDINANCEGazette Number:L.N. 130 of 2007
Section:18Heading:RegulationsVersion Date:01/07/2007
Remarks:

    For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

(1) The Chief Executive in Council may make regulations providing in relation to registered child care centres or, insofar as may be applicable, in relation to mutual help child care centres for all or any of the following matters- (Amended 37 of 2000 s. 3)
        (a) the medical examination of the children cared for and the persons employed in such centres;
        (b) the exclusion from such centres of any child or employee and measures to preserve the health and well-being of children or employees;
        (c) the reports and information to be supplied to the Director in respect of such centres;
        (d) the authorizing of officers of the Fire Services Department to enter and inspect premises in the neighbourhood of such centres;
        (e) the amount of fees and other charges that may be charged or imposed in respect of the services provided in such centres or otherwise on account of the attendance of children at such centres and the restriction or prohibition of any further fees and charges or of any specified fees and charges;
        (f) the methods of payment or collection of fees and charges and the restriction or prohibition of collections or subscriptions of moneys;
        (g) the fees to be charged for inspection and any other service or matter prescribed or permitted by this Ordinance. (Replaced 80 of 1997 s. 17)
(2) Any regulation made under subsection (1) may- (Amended 80 of 1997 s. 17)
        (a) prohibit the performance of specified acts without the consent of the Director;
        (b) authorize the Director to require or prohibit the performance of specified acts; and
        (c) require specified acts to be performed to the satisfaction of the Director.
(2A) Subject to subsections (1) and (2), the Secretary for Labour and Welfare may make regulations providing for anything which shall or may be prescribed and generally for carrying into effect the provisions of this Ordinance. (Added 80 of 1997 s. 17. Amended L.N. 106 of 2002; L.N. 130 of 2007)
(2B) Without prejudice to the generality of subsection (2A), regulations made under that subsection may provide in relation to registered child care centres or, insofar as may be applicable, in relation to mutual help child care centres for all or any of the following matters-
        (a) the operation, management and supervision of such centres;
        (b) the classes or types of such centres;
        (c) the duties and responsibilities of persons registered in respect of such centres;
        (d) the qualifications, experience, appointment, duties, responsibilities and discipline of persons for the purposes of the operation, management and supervision of such centres and the keeping of registers in respect of such persons; (Amended 15 of 2005 s. 8)
        (e) the admission of children to such centres and the minimum or maximum age of children who may be admitted to any class or type of such centres and the maximum number of children that may be admitted to any class or type of such centres;
        (f) the control and supervision of activities in such centres;
        (g) the adequacy, suitability and use of equipment in such centres;
        (h) the keeping, in respect of such centres, of registers, records, time-tables, menus and books of account;
        (i) the structure, hygiene and sanitation of such centres;
        (j) the precautions to be taken against fire or other peril likely to endanger the lives or health of children cared for in such centres;
        (k) the control of entrances to and exits from such centres. (Added 80 of 1997 s. 17)
(3) The Director may, by notice in writing to the person registered or exempted in respect of a child care centre, waive wholly, partly or conditionally the requirements of any regulation in respect of that child care centre and may amend, or withdraw any such notice. (Amended 38 of 1997 s. 16)
(4) Regulations made under this section may provide that a contravention thereof shall be an offence punishable on conviction by a fine at a level not exceeding level 4 and a term of imprisonment not exceeding 2 years. (Added 39 of 1983 s. 4. Amended 38 of 1997 s. 16)