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

3. Application
(1) This Ordinance shall not apply to—
(a) any child care centre maintained and controlled by the Government;
(b) any child care centre situated in the premises of a hospital—
(i) which is under the management and control of the Hospital Authority or is maintained and controlled by the Government; or (Amended 38 of 1997 s. 5)
(ii) in respect of which a person is licensed under the Private Healthcare Facilities Ordinance (Cap. 633); or (Amended 34 of 2018 s. 164 and E.R. 5 of 2018)
(c) any school registered under the Education Ordinance (Cap. 279) which satisfies all of the following criteria—
(i) all the children who are under the age of 3 years habitually received at the school are pupils receiving a nursery education within the meaning of section 3(1) of the Education Ordinance (Cap. 279) from the school;
(ii) the school does not habitually receive at any one time more than 5 children with disability who are under the age of 6 years for the purposes of care and supervision; and
(iii) the school does not habitually provide overnight accommodation to any child who is under the age of 6 years. (Replaced 15 of 2005 s. 4)
(2) For the avoidance of doubt, the provisions of this Ordinance relating to child care centres do not apply where the only children in premises are members of families ordinarily residing in the premises. (Amended 38 of 1997 s. 5)

4. Exercise of Director’s powers
(1) The Deputy Director of Social Welfare may exercise any function of the Director under any provision of this Ordinance.
(2) The Director may authorize any officer of the Social Welfare Department or the Education Bureau to exercise any function of the Director under any provision of this Ordinance. (Amended 15 of 2005 s. 5; L.N. 130 of 2007)

5. Power of Chief Executive to give directions
(1) The Chief Executive may give to the Director or to any other public officer such directions as he thinks fit with respect to the exercise or performance of their respective functions under this Ordinance, either generally or in any particular case.
(2) A person to whom a direction is given by the Chief Executive under subsection (1) shall, in the exercise or performance of his functions under this Ordinance, comply with that direction.
(Amended 37 of 2000 s. 3)

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

6. Prohibition of unregistered child care centres
(1) Subject to section 11B, no person shall operate or take part in the management of a child care centre which is not a registered child care centre.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 6 and to imprisonment for 2 years. (Amended 39 of 1983 s. 2)
(Amended 38 of 1997 s. 6)

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

7. Registration
(1) Application for registration in respect of a child care centre shall be—
(a) made to the Director in the form specified by him; and
(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. (Replaced 38 of 1997 s. 7)
(2) The Director shall, on receipt of an application in accordance with subsection (1), determine the application—
(a) by—
(i) registering the applicant in respect of the child care centre named in the application; and
(ii) issuing to the applicant, subject to any conditions specified therein, a certificate of registration in the prescribed form; or
(b) by refusing to register the applicant.
(3) The Director may refuse to register the applicant if it appears to him—
(a) that the applicant or any person he proposes to employ at the child care centre is not a fit person, whether by reason of age or otherwise, to operate, take part in the management of or be employed at the child care centre;
(b) that for reasons connected with the situation, construction, accommodation, staffing or equipment, the premises to be used for the child care centre are not fit to be used for the purposes of a child care centre;
(c) that such premises do not comply with any requirements relating to the structure, fire precautions, health, sanitation and safety set out in regulations made under section 18;
(d) that the child care centre would not be under the continuous personal management and supervision of a person of sufficient qualifications and experience to ensure the satisfactory operation of the child care centre;
(e) that the proposed name of the child care centre is unsuitable or is the same as or similar to—
(i) the name of any other registered child care centre;
(ii) the name of any child care centre in respect of which the registration of a person has been cancelled.
(4) A certificate of registration or a copy thereof 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 therein.

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

7A. Unregistered person not to operate registered child care centre
(1) A person shall not operate a registered child care centre unless he is the person registered under section 7 in respect of that 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.
(Added 38 of 1997 s. 8)

8. Register of child care centres
(1) The Director shall cause to be kept, in such form as he may specify, a register of registered child care centres containing—
(a) the name of every person registered in respect of child care centres; (Amended 15 of 2005 s. 6)
(b) the name and address of every registered child care centre; and
(c) such other particulars as the Director thinks fit.
(2) A certificate purporting to be signed by or for the Director that a child care centre is registered or is not registered shall be evidence of the facts stated therein until the contrary is proved.
(3) A copy of an entry in the register kept under subsection (1) purporting to be certified under the hand of the Director shall, until the contrary is proved, be admitted in evidence as proof of the facts stated therein as at the date of such certified copy.
(4) The register may, on application in writing to the Director and on payment of the fee, if any, prescribed, be inspected at the office of the Director during office hours by any member of the public.

9. Cancellation of registration
The Director may cancel the registration of a person in respect of a child care centre—
(a) on any ground specified in section 7(3)(a), (b), (c) or (d) which would have entitled him to refuse an application for registration of that person in respect of that child care centre;
(b) on the ground that—
(i) that person has been convicted of an offence against this Ordinance or an indictable offence; or
(ii) any other person has been convicted of such an offence in respect of that child care centre;
(c) on the ground that, in respect of that 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 registration has not been or is not being complied with; or
(e) if it appears to him that—
(i) that child care centre has ceased to be operated as such or to exist; or
(ii) that such person has ceased to operate that child care centre.