Hong Kong Regulations

PRISON RULES - RULE 21

Children of female prisoners

(Past version on 30/06/1997).

Amendments retroactively made - see 15 of 1999 s. 3

(1) The child of a female prisoner may be received into prison with its mother
and kept during the normal period of lactation and any child so admitted shall
not be taken from its mother until the Medical Officer certifies that it is in
a fit condition to be removed.

(2) When any child received into prison under paragraph (1) is over the age of
9 months or attains that age while in prison the Medical  Officer shall report
to the Commissioner whether, in his opinion, it is necessary or desirable that
such child should be retained in prison. The Commissioner may commit such
child to the care of such relative of the child as may be willing and able to
undertake such care and who may, in his opinion, be a fit and proper person to
undertake such care. If the Commissioner is unable to find any relative of the
child to whose care such child may properly be entrusted, then he may commit
such child to the care of any person or institution approved by the Chief
Executive. (15 of 1999 s. 3)

(3) Notwithstanding the provisions of paragraphs (1) and (2) the Commissioner
may permit any child to remain in the prison until the mother has completed
her sentence or such child has attained the age of 3 years whichever is the
earlier.

(4) Any child retained in prison may be supplied with clothing at the public
expense.