### Reformatory Schools Ordinance 《感化院條例》

34. Presumptions
(1) The production of the order, warrant or other document, in pursuance of which a child or young person is directed to be sent to a reformatory school, or committed to the care or custody of a society or institution, with a statement endorsed thereon or annexed thereto purporting to be signed by the manager to the effect that the child or young person named therein was duly received into and is at the date of the signing thereof in such school, or by the secretary of such society or institution to the effect that such child or young person was duly taken into the custody or care of such society or institution and is at the date of signing thereof still in its care or custody, or has been otherwise dealt with according to law, shall in all proceedings relating to such child or young person be prima facie evidence of the identity and of the lawful detention or disposal of the child or young person named in such order, warrant or other document.
(2) A school to which any youthful offender is ordered to be sent in pursuance of this Ordinance shall, until the contrary be proved, be presumed to be a reformatory school within the meaning of this Ordinance.
(Amended 21 of 1933 s. 8; 30 of 1977 s. 8)

36. Service of notice
Any notice required to be given to a manager of a reformatory school may be served on him by being delivered personally to him or by being sent by post or otherwise in a letter addressed to him at the school.
(Amended 30 of 1977 s. 8)

37. Order not to be invalidated by subsequent proof of age
Where a person charged with an offence is brought before a court and it appears to the court, after considering any available evidence as to his age, that he is above the age of 10 and under the age of 16 years an order or judgment of the court shall not be invalidated by any subsequent proof that the age of that person has not been correctly stated or presumed or declared by the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of this Ordinance, be deemed to be the true age of that person; and where it appears to the court, after considering any available evidence as to his age, that the person so brought before it is of the age of 16 years or upwards, that person shall for the purposes of this Ordinance be deemed not to be a youthful offender.
(Amended 33 of 1979 s. 2; 6 of 2003 s. 6)

### Reformatory Schools Ordinance 《感化院條例》

38. Power to make regulations
The Secretary for Labour and Welfare may by regulation provide for the carrying into effect of the provisions of this Ordinance and forms to be used for the purpose of legal proceedings thereunder or otherwise.
(Amended 80 of 1997 s. 15; L.N. 106 of 2002; L.N. 130 of 2007)

39. Saving
Save in so far as other provision is expressly made in this Ordinance, nothing in this Ordinance shall be deemed to affect any other law relating to children or young persons.

### Reformatory School Rules 《感化院規則》

1. Citation
These rules may be cited as the Reformatory School Rules.

2. Interpretation
In these rules, unless the context otherwise requires—
“Director” (署長) means the Director of Social Welfare;
“school” (感化院) means a reformatory school established under section 10 of the Ordinance.

4. Duties of superintendent
The superintendent of a school shall be responsible to the Director for the conduct of the school, and if the superintendent is absent for a period of more than 24 hours he shall, subject to the approval of the Director, nominate in writing a senior member of the staff to carry out his duties.

5. Superintendent to determine staff duties
The superintendent of the school shall, subject to the directions of the Director, determine the duties of members of the staff of the school other than the medical officer.

6. Maintenance of registers
The superintendent shall keep the following—
(a) a register of admissions and discharges, licences together with any applications for the same, grants of home leave and releases;
(b) a log book showing every event of importance at the school;
(c) a daily register showing the presence or absence of every detained person;
(d) separate case records of every detained person in such form as the Director may prescribe;
(e) a register showing the dietary, the quantities of foodstuffs used each week and the dishes prepared and served;
(f) a punishment book.

7. Notification of absconders
If a detained person absconds the superintendent shall forthwith notify the Director and the officer in charge of the police station in the district in which the school is situated.

8. Bed and clothing
Every detained person shall be provided with a separate bed and supplied with such clothing as the superintendent shall determine.

9. Dietary
(1) Every detained person shall be provided with varied food based on such dietary as the superintendent may decide on the advice of the medical officer.
(2) A copy of the dietary approved under paragraph (1) shall remain posted in the kitchen, and shall be entered in the register kept under rule 6(e).

10. Daily routine, training and recreation
(1) The superintendent shall, subject to the approval of the Director,—
(a) maintain a daily routine which shall include the hours of rising, meals, recreation and retiring and shall keep a copy of such routine posted in the school;
(b) provide a scheme of training; and
(c) make provision for recreation including organized games.
(2) Any substantial deviation from the daily routine shall be reported by the superintendent in the log book kept under rule 6(b).

### Reformatory School Rules 《感化院規則》

11. Letters and visits
(1) Detained persons may correspond with their parents or guardians and for such purpose shall be provided with stationery and postage stamps, and may also correspond with friends:
Provided that the Director may by order in writing require the superintendent to censor any such correspondence, including correspondence with parents or guardians, and to delete therefrom any matter which in his opinion is objectionable.
(2) Subject to such requirements as may be imposed by the superintendent detained persons may receive such visits as are approved by the superintendent.

12. Discipline
(1) Discipline in the school shall be promoted by a system of rewards and privileges which shall be drawn up and operated by the superintendent subject to the approval of the Director.
(2) A detained person may be punished, where the superintendent considers punishment necessary for the well-being of the detained person or for the maintenance of discipline in the school, and such punishment may take one of the following forms but no other—
(a) forfeiture of rewards or privileges (including pocket money), or restriction on recreation;
(b) imposition of additional tasks;
(c) segregation from other detained persons for a period not exceeding 7 days during all or any of the following times—
(i) the time between retiring at night and rising the following morning;
(ii) the time allowed for recreation;
(iii) the time allowed for meals,
as specified in the daily routine maintained under rule 10(1)(a); or(L.N. 163 of 1977)
(d) (Repealed L.N. 193 of 1990)(3) The superintendent shall be solely responsible for the punishment of any detained person, which in no case shall be administered by any other detained person, and the superintendent shall record all punishments inflicted in the punishment book kept under rule 6(f).

13. Duties of medical officers
The duties of a medical officer appointed under section 12 of the Ordinance shall be—
(a) the examination on admission to and discharge from the school of detained persons;
(b) the maintaining of medical records relating to every detained person in the school including an opinion based on the examinations carried out under paragraph (a);
(c) the medical care of all detained persons in the school for which purpose he may cause to be removed to hospital any such detained person who in his opinion cannot adequately be treated in the school;
(d) the inspection from time to time of the school;
(e) advising on matters pertaining to dietary and hygiene; and
(f) (Repealed L.N. 193 of 1990)

14. Death or serious illness of a detained person
If a detained person in any school dies or becomes seriously ill, the superintendent shall forthwith report the fact to the Director and to the parent or guardian (if any) of such detained person.