Hong Kong Ordinances

PROTECTION OF CHILDREN AND JUVENILES ORDINANCE - SECT 34

Powers of juvenile courts in relation to guardianship and custody and control of children and juveniles in need of care and protection

(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(1A) (Repealed 68 of 1995 s. 52)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)