1951-HKRS28-8-18_Part01 — Page 9

Powers of

the Secretary

for Chinese Affairs in connection with the custody and

control of his female

wanda.

Upon

application

for

14

33. (1) Where the legal guardianship of any female infant is vested in the Secretary for Chinese Affairs he may make any order (including if he thinks fit an order for her removal to and detention in a place of refuge) regarding the custody and control of such infant which he may think desirable in her interest and if he thinks fit may require any person in whose charge he shall place such infant to enter into a bond, with one or more sureties to treat such infant well,

(2) Where the legal guardianship of any female infant is vested in the Secretary for Chinese Affairs he may at any time require any person in whose custody she is or appears to be to do all or any of the following things-

(a) to produce such infant;

(b) to furnish photographs of such infant and of such person; (c) to give security to the satisfaction of the Secretary for Chinese Affairs that such infant will not leave the Colony without the consent in writing of the Secretary for Chinese Affairs;

(d) to give like security that such infant will not be trained for or employed in any occupation other than such occupation as may be approved of in writing by the Secretary for Chinese Affairs.

(3) Any person who fails to produce any female infant when so required by the Secretary for Chinese Affairs or fails to perform any obligation imposed under any bond executed under subsection (1) or (2) shall be guilty of an offence: Penalty : a fine of one thousand dollars and imprisonment for six months.

(4) The Secretary for Chinese Affairs, any Assistant Secretary for Chinese Affairs and any public officer authorized thereto in writing by the Secretary for Chinese Affairs, either generally or specially, may at any reasonable time enter and visit the residence of and interview any female infant of whom the legal guardianship is vested in the Secretary for Chinese Affairs,

34. Upon any application that the guardianship of the Secretary for Chinese Affairs shall cease the magistrate shall have

cessation of power whether or not he orders that the guardianship shall cease guardian- ship

to make any order as to the custody or control of or access to the infant as he shall consider to be for the benefit of the infant and

magistrate

15

may discharge or vary any order or requirement made under sub- may section (1) or (a) of section 33 by the Secretary for Chinese Affairs. provide

for

rustody And

control of wards and access to them.

Juvenile

guardian-

35. (1) A juvenile court, upon the application of the Powers of Secretary for Chinese Affairs or of any probation officer or of any courte in person authorized by the Secretary for Chinese Affairs in writing relation to in that behalf either generally or specially or of any police officer ship and upon being satisfied that any person brought before the court is custody a child or young person in need of care and protection, may- control of

(a) appoint the Secretary for Chinese Affairs to be the legal children

guardian of such child or young person; or

and

and young Dersons

care and

(b) commil him to the care of any person whether a relative in need of or not, who is willing to undertake the care of him, or protection. 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 three years under the supervision of a probation officer, or of some other person appointed for the purpose by the court and ay from time to time upon its own motion or upon similar application or upon application of a parent or guardian or of any person or institution to whose care such child or young person has been committed, amend any order so made:

Provided that no order shall be made under paragraph (a) of this section without the consent of the Secretary for Chinese Affairs.

(3) For the purposes of this section and of section 36, a child or young person in need of care or protection means—

(a) a child or young person who having no parent or guardian or a parent or guardian unfit to exercise care and guardianship or not exercising proper care and guardian- ship, is either falling into bad associations, or exposed to moral or physical danger or beyond control; or (b) a child or young person who-

(1) being a person in respect of whom any of the offences specified in items 3, 4, and 5 in the First Schedule First to this Ordinance has been committed; or

Schedule.