### Child Care Services Regulations 《幼兒服務規例》

44. Residential centres
(1) In every residential centre at least one suitable room shall be set aside to be used solely as a sanatorium or sick room.
(2) In the premises of every residential centre—
(a) the dormitory accommodation;
(b) the washing and bathing arrangements;
(c) the messing and kitchen accommodation;
(d) the toilet facilities and sanitary arrangements; (L.N. 272 of 1997)
(da) the indoor play area; and (L.N. 272 of 1997)
(e) the area (if any) provided for open-air recreation,
shall be of an adequate standard and properly maintained, to the satisfaction of the Director.
(3) The operator of a residential centre shall, if so required by the Director in writing, appoint a registered nurse to be in charge of the health of the resident children.

45. Medical examination in residential child care centre
(1) The operator of a residential centre shall ensure that each resident child is medically examined at least once in every 6 months.
(2) The examination shall be conducted by a registered medical practitioner, who shall report in writing to the operator on the health of each resident child. The report shall also give the name of any resident child whose state of health is such as to require special treatment and shall state briefly the nature of the treatment required.
(3) A copy of such report shall be made available at all reasonable times for inspection by the Director or any inspector or medical officer.
(4) The Director may require any resident child to submit to an X-ray examination by a Government radiologist. (E.R. 3 of 2022)

45A. Interpretation
In this Part inclusive monthly fee (每月全費) means the total sum of money charged per month in respect of the care and supervision of a child in a centre.

45B. Fees
(1) The Director shall from time to time cause to be published in the Gazette, in respect of each centre—
(a) the name of the operator;
(b) the name and address of the centre; and
(c) particulars of the inclusive monthly fee.
(2) The Director may for the purposes of paragraph (1) require the operator of a centre to submit to him particulars of the inclusive monthly fee charged or proposed to be charged.
(L.N. 269 of 1983)

### Child Care Services Regulations 《幼兒服務規例》

45C. Fees other than inclusive monthly fee prohibited
(1) Subject to paragraphs (2) and (3) and regulation 45D, no person shall charge or accept payment of any money or fee whatsoever on account of the attendance of a child at a centre other than the latest inclusive monthly fee published in the Gazette in respect thereof.
(2) Paragraph (1) shall not prohibit the charging or acceptance of any money or fee which—
(a) is in addition to the inclusive monthly fee in respect of a centre; and
(b) is charged or accepted with the prior approval, in writing, of the Director.
(3) The operator of a centre may in any particular case grant a remission of the whole or any part of the latest inclusive monthly fee published in the Gazette in respect thereof. (L.N. 269 of 1983)
(4) An approval given under paragraph (2) shall be displayed in a conspicuous place in the centre.

45D. Approval for increase in fee
(1) The inclusive monthly fee in respect of a centre shall not be increased without the approval, in writing, of the Director.
(2) The Director may refuse to approve an increase under paragraph (1) on any reasonable ground.
(3) Without prejudice to paragraph (2), the Director may refuse to approve an increase in the inclusive monthly fee in respect of any centre, if such increase is intended to come into effect earlier than 12 months after the date of coming into effect of the latest inclusive monthly fee published in the Gazette in respect thereof.

45E. Method of collection
Unless otherwise permitted, in writing, by the Director, the inclusive monthly fee in respect of a centre shall be collected each month.

45F. Formal receipts
The payment of every sum of money by or on behalf of a child at a centre to an employee of the centre shall be forthwith acknowledged in writing by such employee on a proper form of receipt.

45G. Accounts
The operator of a centre shall— (L.N. 269 of 1983)
(a) keep proper accounts in respect of the centre;
(b) make the accounts and any vouchers relating to the accounts available for inspection at all reasonable times by the Director or an inspector; and
(c) retain the accounts and vouchers for a period of not less than 7 years.

### Child Care Services Regulations 《幼兒服務規例》

45H. Prohibition of collections, etc. without permission of Director
(1) No person shall in any centre—
(a) appeal to any children in the centre for subscriptions; or
(b) make any collection of moneys among any such children.
(2) No employee of a centre shall in any way whatsoever—
(a) appeal to any children of a centre for subscriptions; or
(b) make any collection of moneys among any such children, or permit any such collection to be made by or among such children,
without the permission, in writing, of the Director in respect of such appeal or collection.

45I. Minimum supervision requirements
At a mutual help child care centre, there must be present for the purpose of providing care and supervision—
(a) at least one adult if there is present at that centre at least one child; and
(b) at least 2 adults at any one time if there are present at that centre more than 2 children.

45J. Display of certificate of exemption
The certificate of exemption issued under section 11B of the Ordinance in respect of a mutual help child care centre shall be displayed in a conspicuous place on the premises of that centre.

45K. Precautions for health and safety
The design, construction, fire resistance of the elements of the structure and the properties of the materials of any premises used as a mutual help child care centre shall be such that health and safety of the occupants, and in particular their safe escape in the event of fire, is reasonably assured.

45L. Maximum height of mutual help child care centres
(1) Subject to paragraph (2), no part of any premises used as a mutual help child care centre shall be situated at a height of more than 12 m above ground level.
(2) The Director may, with the advice of the Director of Fire Services, authorize by notice in writing that any part of such premises be situated at a greater height as is specified in the notice.

45M. Minimum height of parapets and window openings
The height of all parapets and window openings of any premises used as a mutual help child care centre shall, unless the parapet or window opening is satisfactorily guarded by bars, be at least 1.1 m measured from the level of the floor immediately adjoining and, where such bars are installed in openings giving access to areas to be occupied by any children, the bars shall be so installed as to be readily removable by the Fire Services in an emergency.

45N. Periodic inspection of premises used as mutual help child care centres
The operator of a mutual help child care centre shall at intervals not exceeding 3 years, request such person as shall be specified by the Director for the purposes of this regulation to inspect the premises in order to determine whether the premises are in sound structural condition.