### Child Care Services Ordinance 《幼兒服務條例》

10. Notice of refusal or cancellation of registration
(1) The Director shall, before refusing an application for registration or cancelling any registration, give to the applicant or the person registered, as the case may be, notice of his intention to do so, stating the grounds on which he intends to refuse the application or cancel the registration and containing an intimation that the applicant or the person registered may make written representations to him.
(2) If the Director decides to refuse an application for registration or to cancel the registration, he shall make a written order, properly dated and signed, to that effect and shall send a copy thereof by registered post to the applicant or the person registered, at the address last known to the Director.

11. Right of appeal
Any person aggrieved by a decision of the Director—
(a) under section 7(2) refusing an application for registration; or
(b) under section 9 cancelling a registration,
made in respect of him may, within 28 days after receipt of a copy of the order in relation to that decision, appeal to the Administrative Appeals Board.
(Replaced 38 of 1997 s. 9)

11A. Interpretation
In this Part—
mutual help child care group (互助幼兒小組) means a group established by a bona fide non-profit-making organization and operating on a non-profit-making basis for the purpose of providing occasional care and supervision of the children of members of the group; (Amended E.R. 6 of 2019)
parent organization (主辦機構) means, in relation to a mutual help child care group, the bona fide non-profit-making organization by which the mutual help child care group was established.

### Child Care Services Ordinance 《幼兒服務條例》

11B. Exemption for mutual help child care centre
(1) The parent organization of a mutual help child care group operating or proposing to operate a child care centre in premises occupied by that organization or group may apply to the Director, in respect of that child care centre, for exemption from the requirement for registration in section 6(1).
(2) An application for the purposes of subsection (1) shall be—
(a) made to the Director in a form specified by him;
(b) accompanied—
(i) by the documents specified in such form; and
(ii) by any certificate or notice specified in the form, signed by the person specified in the form in relation to that certificate or notice, concerning the suitability of the design and construction of the centre, its structural condition, fire safety in the centre, the safety of gas and electrical installations in the centre and any other matter pertaining to the safety of children attending the centre.
(3) The Director shall, on receipt of an application in accordance with subsection (2), determine the application—
(a) by—
(i) granting an exemption in respect of the child care centre named in the application; and
(ii) issuing to the applicant, subject to any conditions specified in the certificate, a certificate of exemption in the prescribed form; or
(b) by refusing to grant an exemption.
(4) The Director may refuse to grant an exemption if it appears to him—
(a) that the group established by the applicant for the purpose of operating a child care centre is not a mutual help child care group;
(b) that for reasons connected with the situation, construction, accommodation, staffing or equipment, the premises to be used for the proposed mutual help child care centre are not fit to be used for that purpose;
(c) that the premises referred to in paragraph (b) do not comply with any requirements relating to the structure, fire precautions, health, sanitation and safety set out in regulations made under section 18.
(5) The granting of an exemption and issuing of a certificate under this section shall have the effect that the following persons shall, unless the exemption has been revoked, be exempt from the application of Part II as regards the mutual help child care centre specified in the certificate, namely—
(a) the parent organization named in the certificate or any person who is for the time being a member or office bearer of that organization;
(b) any mutual help child care group established by the parent organization or any person who is a member of such a group.
(6) A certificate of exemption or a copy of such certificate purporting to be signed by or for the Director shall be admitted in evidence without further proof and shall—
(a) until the contrary is proved, be presumed to be such certificate or copy so signed;
(b) be evidence of the facts stated in the certificate.

### Child Care Services Ordinance 《幼兒服務條例》

11C. Mutual help child care centre not to be operated except by person exempted
(1) A person shall not operate or take part in the management of a mutual help child care centre unless he is—
(a) a member of a mutual help child care group established by the parent organization named in a certificate of exemption issued under section 11B in respect of that centre; or
(b) a person authorized in writing by that parent organization to operate or take part in the management of that child care centre.
(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 6 and to imprisonment for 2 years.

11D. Revocation of exemption
The Director may revoke any exemption granted under section 11B—
(a) on any ground specified in section 11B(4) which would have entitled him to refuse an application for exemption in respect of the mutual help child care centre concerned;
(b) on the ground that—
(i) there is received into care and supervision in the centre any child who is not the child of a member of the mutual help child care group; or
(ii) a fee is charged to any person for the provision of care and supervision of a child in the mutual help child care centre, other than a fee representing a pro rata apportionment of the reasonable costs directly incurred in the operation of the centre, except for rent and rates;
(c) on the ground that, in respect of that mutual help child care centre or the children of that centre—
(i) any of the provisions of this Ordinance have been or are being contravened; or
(ii) any requirement, order or direction made or given under this Ordinance has not been complied with;
(d) on the ground that any condition specified in its certificate of exemption has not been or is not being complied with.

11E. Notice of refusal or withdrawal of certificate of exemption
(1) The Director shall, before refusing an application for exemption or revoking any exemption, give to the applicant or the person exempted, as the case may be, notice of his intention to do so, stating the grounds on which he intends to refuse the application or revoke the exemption and containing an intimation that the applicant or the person exempted may make written representations to him.
(2) If the Director decides to refuse an application for exemption or to revoke the exemption, he shall make a written order, properly dated and signed, to that effect and shall send a copy of the order by registered post to the applicant or the person exempted, at the address last known to the Director.