### Protection of Children and Juveniles Ordinance 《保護兒童及少年條例》

34C. Discharge or variation of orders under section 34(1)
(1) Subject to subsection (5), a juvenile court may at any time on its own motion, or upon the application of a parent or guardian, or of any person or institution to whose care a child or juvenile has been committed, discharge or vary an order made under section 34(1)(a), (b) or (c).
(2) Subject to subsection (5), a juvenile court may at any time upon the application of the supervisor or the supervised person discharge or vary a supervision order and any such variation may include—
(a) the cancellation of any requirement included in it; or
(b) the insertion in it (either in addition to or in substitution for any of its provisions) of any requirement which could have been included in it.
(3) In dealing with any matter relating to the discharge or variation of an order made under section 34(1), the juvenile court may require the presence before it of the child and the parent or guardian of the child, or may require the presence before it of the juvenile, as the case may be, and subject to subsection (4) a court shall not make an order under this section unless the child (other than a child under the age of 7 years) and the parent or guardian of the child, or the juvenile, is present before it. (Amended 53 of 1987 s. 5)
(4) A juvenile court may make an order under this section in the absence of the child and the parent or guardian of the child, or the juvenile, if the effect of the order is confined to one or more of the following—
(a) discharging the order;
(b) reducing the duration of the order or any requirement included in it;
(c) cancelling a requirement included in the order.
(5) Where an application under this section for the discharge of an order is dismissed, no further application for its discharge shall be made under this section by any person during the period of 3 months beginning with the date of the dismissal except with the consent of a juvenile court.
(6) Upon any application under subsection (1) for the discharge or variation of an order made under section 34(1)(a) appointing the Director of Social Welfare to be the guardian of a child or juvenile, the juvenile court shall have power, whether or not it discharges the order of appointment, to make any order as to the custody or control of or access to the child or juvenile as it considers to be for the benefit of the child or juvenile and may discharge or vary any order or requirement made under section 34(5) by the Director of Social Welfare. (Added 25 of 1993 s. 7)
(Added 32 of 1978 s. 7)

### Protection of Children and Juveniles Ordinance 《保護兒童及少年條例》

34D. Contraventions of supervision orders
Where a supervised person fails to comply with any requirement imposed by a supervision order, the supervisor may make an application to a juvenile court under section 34C(2) for an order to be made under that section.
(Added 32 of 1978 s. 7)

### Protection of Children and Juveniles Ordinance 《保護兒童及少年條例》

34F. Detention in hospital
(1) Where any of the circumstances set out in subsection (1)(a) or (b) of section 34E apply in relation to a child or juvenile, any person mentioned in that subsection who is of the opinion that that child or juvenile is in need of urgent medical or surgical attention or treatment may take the child or juvenile to a hospital instead of to a place of refuge. (Amended 25 of 1993 s. 9)
(2) A child or juvenile who is admitted to a hospital after being taken there under subsection (1) may be detained by the Director of Social Welfare in that hospital for so long as the attendance of the child or juvenile at that hospital is necessary for the purpose of medical or surgical attention or treatment and thereafter the Director of Social Welfare may take him to a place of refuge.
(3) Where a child or juvenile is taken to a place of refuge under subsection (2), section 34E(2), (3), (4) and (5) shall apply as if he had been taken to a place of refuge under section 34E(1).
(4) Where a child or juvenile is detained in a hospital under subsection (2), the Director of Social Welfare shall have the like control over, and responsibility for maintenance of, that child or juvenile as a person in charge of a place of refuge under section 34E would have had if the child or juvenile had been detained in that place of refuge.
(Added 53 of 1987 s. 7)

35. Power of Director of Social Welfare to protect children and juveniles from moral or physical danger
(1) Whenever the Director of Social Welfare has reason to believe that any child or juvenile (in this section referred to as the person endangered

36. Jurisdiction of Court of First Instance to remain unaffected
Nothing contained in section 34, 35 or 45A shall oust any jurisdiction vested in the Court of First Instance to make any order in relation to the appointment of a guardian of or otherwise in relation to the custody or control of or access to any child or juvenile.
(Amended 25 of 1993 s. 11; 25 of 1998 s. 2)

### Protection of Children and Juveniles Ordinance 《保護兒童及少年條例》

40. Provision enabling complaint or information to be laid at any time
Notwithstanding anything contained in section 26 of the Magistrates Ordinance (Cap. 227), a complaint or information in respect of offences against this Ordinance or against any regulations made hereunder may be made at any time.

41. Power to recapture wards or persons escaping from detention in place of refuge
Any child or juvenile who escapes from any custody or control lawfully imposed on such child or juvenile under this Ordinance may be retaken by any police officer and returned to the custody or control from which such child or juvenile escaped.
(Amended 9 of 1954 s. 3; 1 of 1958 Schedule; 32 of 1978 s. 10; 25 of 1993 s. 13)

42. Penalty for inducing or assisting escape from custody or control imposed by or under Ordinance
Any person who induces or assists any child or juvenile to escape from any custody or control lawfully imposed by or under this Ordinance or by any regulations made hereunder or who harbours any child or juvenile so escaping shall be guilty of an offence: Penalty: a fine at level 2 or imprisonment for 6 months.
(Amended 9 of 1954 s. 4; 32 of 1978 s. 11; 25 of 1993 s. 14; E.R. 2 of 2020)

43. Penalty for communicating with persons detained in a place of refuge
Any person who without the authority of the Director of Social Welfare communicates with any child or juvenile while detained in a place of refuge shall be guilty of an offence: Penalty: a fine at level 1 or imprisonment for 3 months.
(Amended 9 of 1954 s. 4; 1 of 1958 Schedule; 32 of 1978 s. 12; 25 of 1993 s. 15; E.R. 2 of 2020)