These regulations control places of refuge for children and juveniles: private institutions need management consent before being declared a place of refuge, places and registers must be open to inspection, and punishment or restraint is restricted and must be recorded.
Protection of Children and Juveniles (Places of Refuge) Regulations(L.N. 190 of 1993)(Cap. 213, section 39) [5 January 1951](Format changes—E.R. 2 of 2020) 1. (Repealed L.N. 190 of 1993) 2. Interpretation In these regulations, unless the context otherwise requires—ward (受監護人) means any infant the legal guardianship of whom is vested in the Director of Social Welfare. (1 of 1958 s. 2) 3. Management’s consent required before private places of refuge are so declared No private institution shall be declared a place of refuge without the consent of the management thereof. 4. Places of refuge and registers to be open to inspection All places of refuge and any register kept therein pursuant to these regulations shall be open to inspection at any reasonable hour by the Director of Social Welfare or by any person so authorized by him in writing.(1 of 1958 s. 2) 5. Punishment of inmates of places of refuge detained under Ordinance to be in accordance with rules approved by the Director of Social Welfare No punishment, restraint or correction shall be administered to any ward or inmate of a place of refuge detained therein in pursuance of the Ordinance unless such punishment, restraint or correction shall have been authorized by rules approved by the Director of Social Welfare.(1 of 1958 s. 2) 6. Punishments to be recorded in appropriate register All punishments, restraints or corrections administered to a ward or to any inmate of a place of refuge detained therein pursuant to the provisions of the Ordinance shall be recorded in an appropriate register to be kept in such place of refuge. 7. Power of Director of Social Welfare to approve rules It shall be lawful for the Director of Social Welfare to approve any rules made by the management of any place of refuge not wholly maintained by public funds for the welfare, education and control of any ward or inmate of any place of refuge detained there pursuant to the provisions of the Ordinance. The power hereinbefore contained shall not be deemed to authorize the making or approval of any rules for the punishment, restraint or correction of any person other than such punishment, restraint or correction as a parent could lawfully administer to a child.(1 of 1958 s. 2; L.N. 190 of 1993; E.R. 2 of 2020) 8. Penalty Any contravention of regulation 4, 5 or 6 shall constitute an offence punishable on summary conviction by a fine at level 1.(E.R. 2 of 2020) 9. Prescribed form for purposes of section 34E of the Ordinance The form set out in the Schedule is prescribed for the purposes of section 34E(4) of the Ordinance.(L.N. 112 of 1970; L.N. 190 of 1993) Schedule [reg. 9]Protection of Children and Juveniles Ordinance (Chapter 213) Order for Detention in Place of Refuge HONG KONGIN THE MAGISTRATE’S COURT AT . JUVENILE COURT. To each and all of the police officers of Hong Kong and to the Superintendent of a place of refuge provided under the Protection of Children and Juveniles Ordinance being a child [or juvenile] in respect of whom an application has been made to the Juvenile Court sitting at on the ground that he/she is in need of care or protection: The hearing of the case being adjourned. [You, the said police officers, are hereby commanded to convey the said child [or juvenile] to the said place of refuge and there to deliver him/her to the said superintendent together with this order: and]† You, the said superintendent, are hereby commanded to detain him/her until the . day of . 19 .* And you, the said police officers, are further commanded to convey the said child [or juvenile] on the said . day of . 19. in the . noon before the Juvenile Court sitting at . to be further dealt with according to law. Dated this . day of . 19 . Magistrate (L.S.) Note: † Delete if child or juvenile already detained in the place of refuge. * The period of detention must not exceed twenty-eight days. (L.N. 190 of 1993)