Adoption Ordinance (Cap 290) 

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This Ordinance is to give effect in Hong Kong to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption and to provide for incidental and connected matters. The principle of “best interests of the child” (Article 3 of UNCRC) of the infant or child is mentioned for the application of adoption, revocation or termination of care order, yet there is no clear guideline as to how this should be done. 

 

To read the Adoption Ordinance, please click here. 

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Child Abduction and Custody Ordinance (Cap 512) 

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This Ordinance gives effect to Hong Kong to the Convention on the Civil Aspects of International Child Abduction signed at The Hague on 25 October 1980; to combat child abduction; and to provide for related matters. 

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To read the Child Abduction and Custody Ordinance, please click here. 

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Crimes Ordinance (Cap 200) 

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Under the Crimes Ordinance (Cap 200), there are certain offences that aim to protect underage children, particularly girls who are under 16 years of age. For example, under section 122, it is an offence if one indecently assaults another and it is no defence if the person under 16 years of age has given any consent for such act in law. According to section 123, a man who has sexual intercourse with a girl who is under 13 years of age is guilty of an offence.  Under section 124, a man is also guilty if he has unlawful sexual intercourse with a girl under the age of 16 years. However, if the man believes that the girl to be his wife that she is 16 years of age or above, although the marriage is invalid, then the man is not guilty. Under section 127, one commits an offence when he or she takes an unmarried girl under 18 years of age against the will of the parent or guardian with the intention that she will have unlawful sexual intercourse with men or any particular man. Under section 146, it is an indecent conduct offence for anyone who commits an act of gross indecency with or towards a child under the age of 16 years, or incites a child under such age to commit such an act. There will be no defences to such charge under this section to prove that the child has given consent to such an act.  

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To read the Crimes Ordinance, please click here. 

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Employment of Children Regulations (Cap 57B) 

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Made under the Employment Ordinance (Cap 57), the Employment of Children Regulations prohibit the employment of children in industrial undertakings and regulate the employment of children in non-industrial establishments.  

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To read the Employment of Children Regulations, please click here. To read a Concise Guide to the Regulations from the Labour Department, please click here. 

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Offences Against the Person Ordinance (Cap 212) 

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The Offences Against Person Ordinance (“OAPO”) (Cap 212) includes a number of offences in regards to the unlawful use of force and these consist of assaults, inflicting grievous bodily harm and murder. The Ordinance also specifies the charges for each offence depending on the circumstances as well as the amount of force, intention and the harm done to the victim.  

 

There are certain sections that are specific to offences done to children. For example, section 26 renders the action of a person who exposes a child of under the age of 2 years whereby the life of the child is endangered or the health of the child is possibly permanently injured illegal  (see s 26). Section 27 states that any person over 16 years old who is the custodian of a child under the age of 16 years “wilfully assaults, ill-treats, neglects, abandons or exposes such child or young person or causes or procures such child or young person to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause such child or young person unnecessary suffering or injury to his health”, such person is guilty of an offence. “Unnecessary suffering or injury” here includes “injury to or loss of sight, or hearing, or limb, or organ of the body, or any mental derangement”. Also, for the purpose of section, if a parent or custodian over 16 years of age fails to provide“adequate food, clothing or lodging for the child or young person, or if, being unable otherwise to provide such food, clothing or lodging, he knowingly and wilfully fails to take steps to procure the same to be provided by some authority, society or institution which undertakes to make such provision for necessitous children or young persons.” This indicates that any custodian above the age of 16 years has a positive duty to provide necessities to any child or young person under such age and if they were not able to do so, they should actively seek help from any authority, society or institution. According to section 42 of the Ordinance, a person who uses either force or fraud to take away anyone, including children with an intention to sell him or her shall be guilty of an offence of forcible taking or detention of persons. Under section 43 of the Ordinance, it is an offence to illegally, by any methods, “leads or takes away, or decoys or entices away, or detains any child under the age of 14 years, with intent to deprive any parent, guardian, or other person having the lawful care or charge of such child of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong”.  

 

To read the Offences Against the Person Ordinance, please click here. 

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Protection of Children and Juveniles Ordinance (Cap 213) 

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The Protection of Children and Juveniles Ordinance (“PCJO”) (Cap 213) is an important instrument that provides protection for children and juveniles. This Ordinance has the same definitions for ‘child’ and ‘young person’ as recorded in Juvenile Offenders Ordinance (Cap 226). Accordingly, a ‘child’ is someone who is under the age of 14 years while ‘young person’ is someone who is 14 years of age or above and under the age of 16 years (see s 2(1)). A ‘juvenile’ is a person who is 14 years of age or above and under the age of 18 years (see s 2).  

The juvenile court can, by itself or upon the Director of Social Welfare’s application or any authorized person by the Director of Social Welfare in writing, appoint the Director of Social Welfare to be the guardian of a child or juvenile brought before the court if above the age of 7 years or in need of care or protection under the age of 7 years (see s 34(1)(a)). The court can also commit the child to the care of anyone, such as a relative, or any institution, so long as that person or the institution is willing to undertake the care of the child or juvenile (see s 34(1)(b)). Besides, the juvenile court may order the parent or guardian of such child to enter into recognizance to provide appropriate care (see s 34(1)(c)). In connection with any application that is being brought under the above section, the juvenile court can request that the juvenile and child to be brought before the court or provide such directions to the parent or guardian (see s 34(1AA)).  

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Also, in accordance to this Ordinance, a child that needs care or protection is a child that “has been or is being assaulted, ill-treated, neglected or sexually abused”, or whose health, development or welfare has been, is being or appears like to be neglected or impaired, or a child who is beyond as to it may cause harm to himself or to others who may be in need of care and protection (see s 34(2)). When a person has the care of the child or juvenile while an order under this provision is in force and if the person “knowingly assists or induces, directly or indirectly, a child or juvenile to escape from the person or institution to those he is so committed; or 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.”(see s 34(4)(a)).  

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In the supervision orders, the juvenile court can include requirements for the supervised person to comply during the supervision order and these requirements can be related to residence or medical or surgical attention or treatment (see s 34 A). The court can also at any time cancel any requirement or make variation of orders, or reduce the duration of the order (see s 34C). With the written authorization of the Director of Social Welfare or any police officer of the rank of station sergeant or above can take any child or juvenile to a place of refuge if it is believed that the child or juvenile is in need of care or protection (see s 34E(1)). The child or juvenile can be detained to the place of refuge until the child or juvenile is being brought before the juvenile court (see s 34 E(2)). When the child or juvenile is detained in a place of refuge, the person in charge of the place will have the like control over the child or juvenile (see S 34E(5)). Moreover, when the Director of Social Welfare has reason to believe that the child or juvenile is about to be taken out of Hong Kong or has been brought into Hong Kong by force, threats, intimidation or false pretences etc, then the Director of Social Welfare may make any order to protect the child or juvenile from moral or physical danger (see s 35). 

Additionally, the Secretary for Labour and Welfare can provide for the child and the juvenile a number of things through regulations and these include “the welfare education and control of children and juveniles the legal guardianship of whom is vested in the Director of Social Welfare; the welfare and education of children or juveniles who have become wards of the Director of Social Welfare or have been committed to the care of any person or institution and as to the duties of such persons or institutions with respect to such children or juveniles” (see s 39(1)). The Director of Social Welfare or any officer authorized by the Director has the power to enter and search any vessel, house, building or other place in order to make sure that there is no child or juvenile who is liable to be dealt with under the Ordinance (see s 44(1)). In order for the Director of Social Welfare to have more information, he can from time to time to inquire for any necessary information to allow him to utilize the powers given by this Ordinance, under s 45 of the Ordinance. 

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S45A a specific child assessment procedure in which the Director of Social Welfare has reasonable doubt that a child or juvenile is in need of care or protection can produce a notice requiring the custodian to allow a medical practitioner, psychologist or a social worker to assess such child or juvenile in relation to the health and development (see s 45 A). 

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To read the Protection of Children and Juveniles Ordinance, please click here.