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

11F. Right of appeal
Any person aggrieved by a decision of the Director—
(a) under section 11B(3) refusing an application for exemption; or
(b) under section 11D revoking an exemption,
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.

12. Appointment of inspectors and medical officers
The Chief Executive may by notice in the Gazette appoint— (Amended 37 of 2000 s. 3)
(a) any officer of the Social Welfare Department or the Education Bureau to be an inspector of child care centres; (Amended 15 of 2005 s. 7; L.N. 130 of 2007)
(b) any Government medical officer to be a medical officer of child care centres.

13. Inspection of child care centres
The Director and any inspector or medical officer may—
(a) at all reasonable times enter and inspect any child care centre or any premises which he has reason to suspect are used for the purposes of a child care centre; (Replaced 62 of 1982 s. 3)
(b) require any person taking part in the operation or management of a child care centre to produce any book, document or other article relating to the management of that child care centre or to any other activity in respect of the child care centre, or to furnish any information relating to such management or activity;
(c) remove for further examination any book, document or other article which he has reason to suspect is evidence of the commission of an offence against this Ordinance, or is evidence of a ground for the cancellation of the registration of a person, or the revocation of an exemption, in respect of a child care centre; and (Amended 38 of 1997 s. 11)
(d) do such other things as are necessary for the inspection of a child care centre.

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

14. Director may direct remedial measures
(1) The Director may, in respect of any registered child care centre or mutual help child care centre, by notice in writing, give such directions as he thinks necessary to ensure that— (Amended 38 of 1997 s. 12)
(a) it is operated and managed satisfactorily;
(b) the welfare of the children attending it is promoted in a proper manner;
(c) adequate apparatus and equipment necessary as safeguards against fire are provided therein; and
(d) the provisions of this Ordinance are complied with.
(2) A notice under subsection (1)—
(a) shall be served upon the person registered or exempted (as the case may be) in respect of the child care centre; and (Amended 38 of 1997 s. 12)
(b) shall specify a period of time within which the directions shall be complied with.

15. Director may order cessation of use of premises as child care centre
(1) The Director may—
(a) if it appears to him that there is any danger or risk of danger to persons in any registered child care centre premises or mutual help child care centre premises; or (Amended 38 of 1997 s. 13)
(b) if, in respect of any such premises, a direction given under section 14 is not complied with within the period of time specified in the notice served thereunder,
by order in writing direct that the premises shall cease to be used as a child care centre for such period as he thinks fit or until further notice.
(2) An order under this section shall be served on the person registered or exempted (as the case may be) in respect of the premises concerned and shall take effect from the date of the service thereof. (Amended 38 of 1997 s. 13)
(3) It shall be sufficient service of an order under this section if—
(a) it is delivered personally to the person on whom it is to be served;
(b) it is sent by registered post to the last known address of that person; or
(c) a copy thereof is posted in a conspicuous place upon or in the premises to which it relates.

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

15A. Prohibited person not to act as childminder
(1) Subject to section 15D, any person—
(a) who has at any time been convicted—
(i) in Hong Kong of any of the offences set out in paragraphs 3 to 12 of the Schedule; or
(ii) in Hong Kong or elsewhere of any of the offences set out in paragraph 1 or 2 of the Schedule; or
(b) who has been determined by the Director under section 15B to be unsuited to act as a childminder,
(in this Part referred to as a prohibited person) shall not act as a childminder nor hold himself out as willing to act as a childminder.
(2) A person who contravenes subsection (1) commits an offence and is liable to a fine at level 6 and to imprisonment for 2 years.
(3) This section has effect notwithstanding section 2 of the Rehabilitation of Offenders Ordinance (Cap. 297).

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

15B. Persons may be determined to be unsuited to act as childminder on basis of coroner’s inquiry
(1) Following the conclusion of an inquiry by a coroner into the death of a child while in the care of a childminder the coroner shall, if so requested by the Director, or may, of his own accord, forward to the Director for the purpose of considering a determination under subsection (2) copies of the following documents relating to the inquiry, namely—
(a) the record of his findings or the findings and verdict of the jury (as the case may be);
(b) any riders recorded by the coroner;
(c) a transcript of any notes or record of evidence taken or made; and
(d) any documents which have been produced in evidence.
(2) Where—
(a) the Director has received documents forwarded to him under subsection (1) concerning the death of a child while in the care of a person acting as a childminder;
(b) the Director is of the opinion, having regard to such documents, that the death of the child was caused or contributed to by the failure of the person to exercise proper care in acting as a childminder,
he may determine the person to be unsuited to act as a childminder.
(3) A determination shall not be made by the Director under subsection (2) in respect of any person unless—
(a) not less than 28 days before making the determination the person has been given notice in writing informing him of the Director’s intention to consider the making of a determination under subsection (1) and enclosing copies of any documents received by the Director under subsection (1);
(b) the person has been allowed an opportunity to make written representations to the Director.
(4) Where the Director has made a determination under subsection (2) in respect of a person he shall by notice in writing notify the person of his determination stating the grounds upon which the determination was made.
(5) A person aggrieved by a decision of the Director under subsection (2) made in respect of him may, within 28 days after receiving notification of the decision under subsection (4), appeal to the Administrative Appeals Board.
(6) In this section, reference to the death of a child while in the care of a childminder shall be read as including a reference to the death of a child the cause of which death arose while the child was in the care of a childminder.
(7) Any notice required to be given to a person under this section may be so given by being sent by registered post to the person at his last address known to the Director.