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

16. Offences and penalties
(1) Any person who—
(a) operates or takes part in the management of a child care centre in any premises other than premises specified in the certificate of registration or exemption of the child care centre; (Amended 38 of 1997 s. 15)
(b) in or in connexion with any application under this Ordinance makes any statement or furnishes information, whether such statement be oral or written, which is false in any material particular and which he knows or reasonably ought to know is false in such particular;
(c) obstructs the Director or any inspector or medical officer in the exercise of any of his powers under this Ordinance;
(d) refuses to produce any book, document or other article upon being so required under section 13, or, when so required, furnishes information which is false in a material particular and which he knows or reasonably ought to know is false in such particular;
(e) (Repealed 39 of 1983 s. 3)(f) fails to comply with an order served on him under section 15,
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. 3; 38 of 1997 s. 15)
(2) Any person who operates or takes part in the management of a child care centre, other than a mutual help child care centre, which is operated in any name other than the name in which it is registered shall be guilty of an offence and shall be liable on conviction to a fine at level 4 and to imprisonment for 2 years. (Added 39 of 1983 s. 3. Amended 38 of 1997 s. 15)

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

17. Evidence
In any prosecution for an offence against this Ordinance, if it is proved that any person did any act in connection with the organization or operation of a child care centre, it shall be presumed, until the contrary is proved, that such person took part in the management of such child care centre.

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

19. Amendment of Schedule
The Chief Executive may by order published in the Gazette amend the Schedule.
(Added 38 of 1997 s. 17. Amended 37 of 2000 s. 3)

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

1. Citation
These regulations may be cited as the Child Care Services Regulations.
(32 of 2000 s. 34)

2. Interpretation
In these regulations, unless the context otherwise requires—
authorized person (認可人士) has the meaning assigned to it under section 2 of the Buildings Ordinance (Cap. 123); (15 of 2005 s. 9)
centre (中心) means a registered child care centre;
child (兒童) means a child who is under the care of a centre;
child care worker (幼兒工作員) means a person whose name is contained in the register referred to in regulation 3(1)(b);
employee (僱員) includes the staff of and other persons employed in a centre;
non-residential centre (非留宿中心) means a centre other than a residential centre; (15 of 2005 s. 9)
operator (經營人), in relation to a centre, means the person who is registered in respect of that centre under section 7 of the Ordinance;
resident child (留宿兒童) means a child for whom overnight accommodation is provided in a residential centre;
residential centre (留宿中心) means a centre in which overnight accommodation is provided for children;
staff (職員) means the supervisor and any child care worker appointed under regulation 5; (L.N. 90 of 1980; 15 of 2005 s. 9)
supervisor (主管) means a person appointed as a supervisor under regulation 5(1)(a). (L.N. 317 of 1982; 15 of 2005 s. 9)
(15 of 2005 s. 9)

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

3. Registers of supervisors and child care workers
(15 of 2005 s. 10)*(1) The Director shall cause to be kept—
(a) a register containing the name of persons holding the qualifications specified in Part I of the First Schedule; and (L.N. 317 of 1982; 15 of 2005 s. 10)
(b) a register of child care workers, containing the name of every person holding the qualifications specified in Part II of the First Schedule. (L.N. 79 of 1996; 15 of 2005 s. 10)
(c) (Repealed 15 of 2005 s. 10)(L.N. 90 of 1980)(2) The registers may, on application in writing to the Director, be inspected at the office of the Director during office hours by any member of the public.

Editorial Note:

* This paragraph was amended by 15 of 2005. For savings and transitional provisions, please see sections 21 and 22 of 15 of 2005. 

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

4. Inclusion in and removal from the registers referred to in regulation 3
(1) Application for inclusion in any of the registers referred to in regulation 3 shall be made to the Director in such form as he may specify.
(2) The Director shall, on receipt of an application in accordance with paragraph (1), determine the application—
(a) by including the name of the applicant in the appropriate register; or (15 of 2005 s. 11)
(b) by refusing to include the applicant in any register.
(3) The Director may refuse to include an applicant in any register if it appears to him that the applicant— (L.N. 272 of 1997)
(a) is not a fit person to take part in the management of or be employed in a centre; or (15 of 2005 s. 11)
(b) has failed on 2 or more occasions in relation to the same proposed medical examination to comply with a requirement of the Director under regulation 42(1) to submit to medical examination. (L.N. 272 of 1997)
(4) The Director may remove the name of a person from any register on any ground specified in paragraph (3) which would have entitled him to refuse to include an applicant in a register.
(5) (Repealed 15 of 2005 s. 11)(6) Notwithstanding any provision in these regulations, the Director may refuse an application to which paragraph (7) applies unless it is made—
(a) before 1 March 2006; or
(b) where the Director is satisfied that there is a good reason to grant an extension of time to a particular applicant, before a date notified in writing by the Director to the applicant. (15 of 2005 s. 11)
(7) This paragraph applies to—
(a) an application for inclusion in the register referred to in regulation 3(1)(a) by virtue of holding a qualification specified in paragraph 2(a), (b) or (c) of Part I of the First Schedule; and
(b) an application for inclusion in the register of child care workers by virtue of holding a qualification specified in paragraph 2(a) or (b) of Part II of the First Schedule. (15 of 2005 s. 11)
(L.N. 90 of 1980)