TNAG-1707-FCO40-2379-Prisons-and-prisoners-in-Hong-Kong-various-ordinances-1988 — Page 104

A372

Ord. No. 53/87

Amendment of section 35.

8.

PROTECTION OF WOMEN AND JUVENILES (AMENDMENT)

Section 35 of the principal Ordinance is amended-

(a) in subsection (1)(a), by inserting after "refuge" the following—

hospital or such other place as he may consider appro- priate"; and

2

(b) in subsection (4), by deleting "magistrate" wherever it occurs and

substituting the following-

Amendment of

9.

section 44.

"juvenile court”.

Section 44 of the principal Ordinance is amended-

(a) in subsection (1)—

(i) by deleting “The” and substituting the following—

"Subject to subsection (1A), the";

(ii) by deleting “, and for that purpose may use force if necessary, and may search," and substituting the following-

"and search";

(iii) by inserting after "of refuge" where it first occurs the following-

>

a hospital or such other place as he may consider appro- priate"; and

(iv) by deleting “of refuge” where it last occurs; and

(b) by inserting after subsection (1) the following—

"(IA) The Director of Social Welfare, or any officer authorized under subsection (1), shall not enter any vessel, house, building or other place by the use of force unless he has first obtained a warrant issued by a magistrate, juvenile court or District Court under subsection (1B) for that purpose.

(1B) A magistrate, juvenile court or District Court may issue a warrant to the Director of Social Welfare, or any officer authorized under subsection (1), to enter by the use of force if necessary any vessel, house, building or other place for the purposes mentioned in that subsection if that magistrate, juvenile court or District Court is satisfied by information on oath that there are reasonable grounds for suspecting that—

(a) there is therein any female, juvenile or child who is or may be liable to be dealt with under the provi- sions of this Ordinance; or

(b) any offence under this Ordinance is being, or has

been, committed; and

(c) the entry can only be effected by the use of force.

(IC) Any person who enters any vessel, house, building or other place under this section shall—

(a) if so required, produce evidence of his identity; and

(b) if a warrant has been issued under subsection (1B)——

(i) produce the warrant or a copy thereof; and (ii) use only such force as is reasonably necessary to effect entry.".

PROTECTION OF WOMEN AND JUVENILES (AMENDMENT)

Ord. No. 53/87

A373

10. Sections 30(1), 31(1) and (2), 32(2), 35(1) and 37(2) of the principal Amendment of Ordinance are amended by deleting "the Colony" wherever it occurs and sections 30, 31, substituting the following

32, 35 and 37.

“Hong Kong”.

Passed by the Hong Kong Legislative Council this 8th day of July 1987.

LAW Kam-sang,

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LAW Kam-sang, Clerk to the Legislative Council.