XN000022-1977-02-16 — Page 23

22

WEDNESDAY, FEBRUARY 16, 1977

GUARDIANSHIP OF MINORS BILL

*****

COMMITTING THE CARE OF THE MINOR TO THE DIRECTOR OF SOCIAL WELFARE IS NOT TO BE CONFUSED WITH THE MAKING OF A SUPERVISION ORDER BECAUSE THE FORMER MEANS THAT THE PHYSICAL CONTROL OF THE MINOR AS WELL AS HIS UPBRINGING WILL BE VESTED IN THE HANDS OF THE DIRECTOR, THE HON. PETER C. WONG TOLD THE LEGISLATIVE COUNCIL TODAY.

SPEAKING IN SUPPORT OF THE GUARDIANSHIP OF MINORS BILL 1977, HE EMPHASISED THAT THE GOVERNMENT MUST HAVE THE WAYS AND MEANS OF IMPLEMENTING A PROVISION WHICH EMPOWERS COURTS TO COMMIT THE CARE OF MINORS UNDER THE AGE OF 16 TO THE DIRECTOR.

+ IT IS THEREFORE PERTINENT TO CONSIDER WHETHER ADEQUATE FACILITIES WILL BE AVAILABLE TO THE DIRECTOR TO CARRY OUT THIS NEW RESPONSIBILITY, HE POINTED OUT,

+CHILDREN LIKELY TO BECOME COMMITTED TO THE CARE OF THE DIRECTOR OF SOCIAL WELFARE ARE THOSE WHO ARE NEGLECTED OR ILL-TREATED BY THEIR PARENTS OR WHOSE PARENTS CANNOT PROVIDE AN ADEQUATE HOME FOR THEM,+ MR. WONG SAID.

+THEY ARE NOT NECESSARILY WAYWARD OR PROBLEM CHILDREN BUT RATHER VICTIMS OF BROKEN MARRIAGES AND HOME.

+WHAT THEY REQUIRE THEREFORE IS NOT CORRECTIONAL INSTITUTIONS DESIGNED FOR JUVENILE DELINQUENTS BUT A SUITABLE ENVIRONMENT RESEMBLING THAT OF AN ORDERLY FAMILY WHICH THESE UNFORTUNATE CHILDREN NEED FOR THE PROPER DEVELOPMENT OF THEIR MIND AND BODY.+

MR. WONG WARNED THAT WITHOUT ADEQUATE FACILITIES AT THE DIRECTOR'S DISPOSAL, IT WAS LIKELY THAT THE WHOLE SCHEME WOULD BECOME A FRUSTRATING EXERCISE TO BOTH THE JUDICIARY AND THE EXECUTIVE.

+ IF THROUGH LACK OF PROPER FACILITIES, THE DIRECTOR HAS TO SEND A NORMAL CHILD TO INSTITUTIONS WHERE MOST OF THE OCCUPANTS ARE CHILDREN WITH PROBLEMS OF ONE KIND OR ANOTHER, IT WOULD BE CONTRARY TO THE SPIRIT OF THIS BILL AND CONTRARY TO THE PRINCIPLE THAT THE WELFARE OF THE MINOR MUST ALWAYS BE GIVEN THE FIRST AND PARAMOUNT CONSIDERATION, HE POINTED OUT.

IN REPLY, THE SOLICITOR GENERAL, THE HON, GARTH THORNTON, SAID THE DIRECTOR OF SOCIAL WELFARE CONSIDERED THAT ADEQUATE FACILITIES WERE AVAILABLE TO CATER FOR CHILDREN COMMITTED TO HIS CARE.

HOWEVER, HE INDICATED THAT THE NUMBER OF SUCH CASES REQUIRING RESIDENTIAL CARE WOULD BE VERY SMALL.

/IN ADDITION