Children and Young Persons (Amendment) Bill

This Act may be cited as the Children and Young Persons (Amendment) Act 2001 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Section 2 of the Children and Young Persons Act (referred to in this Act as the principal Act) is amended —

by inserting, immediately after the definition of “approved school”, the following definition:“ “approved welfare officer” means a person who is appointed by the Director under section 2A(4) to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under this Act;”;

by deleting the definition of “Director” and substituting the following definitions:“ “development” means physical, intellectual, emotional, social or behavioural development;“Director” means the Director of Social Welfare appointed under section 2A(1) and, in relation to any provision in this Act or any regulations made thereunder in which the word is used, includes any public officer and any other person who is appointed or authorised by the Director under section 2A(3) to perform any of the duties or exercise any of the powers of the Director under that provision;”;

by inserting, immediately after the definition of “guardian”, the following definitions:“ “health” means physical or mental health;“ill-treatment”, in relation to a child or young person, has the meaning assigned to it in section 4;”; and

by inserting, immediately after the definition of “place of detention”, the following definitions:“ “place of safety” means any place or institution appointed or declared to be a place of safety under section 27 or any other suitable place the occupier of which is willing temporarily to receive a child or young person;“protector” means the Director and includes any other person who is appointed by the Director under section 2A(3) to exercise the powers and perform the duties of a protector under this Act or any regulations made thereunder;“registered medical practitioner” means a medical practitioner registered under the Medical Registration Act (Cap. 174), and includes a dentist registered under the Dentists Act (Cap. 76);“relevant offence” means —

any offence under Part II;

any offence under Chapter XVI of the Penal Code (Cap. 224); or

any offence involving the causing of bodily injury to a child or young person;”.

The principal Act is amended by inserting, immediately after section 2, the following section:“Appointment of Director of Social Welfare and other officers2A.—

The Minister may, by notification in the Gazette, appoint an officer to be the Director of Social Welfare.

The Director shall be responsible for the administration and enforcement of this Act, subject to the general or special directions of the Minister.

The Director may —

appoint any public officer; or (b)with the approval of the Minister, in writing authorise any other person,to perform any of the duties or exercise any of the powers of the Director or a protector under this Act or any regulations made thereunder, subject to such conditions and limitations as may be specified by the Director.

The Director may appoint any suitably qualified person as an approved welfare officer to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under this Act.

The Director and any public officer or other person appointed or authorised by him under subsection (3) and any approved welfare officer shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).”.

Sections 3 and 4 and the sub-heading “Welfare” of the principal Act are repealed and the following sub-heading and sections substituted therefor:“WelfareWhen child or young person in need of care and protection

3. For the purposes of this Act, a child or young person is in need of care or protection if —

the child or young person has no parent or guardian;

the child or young person has been abandoned by his parent or guardian and despite reasonable inquiries the parent or guardian cannot be found, and no other suitable person is willing and able to exercise care or guardianship in respect of the child or young person;

the parent or guardian of the child or young person is unfit or unable or has neglected to exercise proper supervision and control over the child or young person, and the child or young person is falling into bad association, or is exposed to moral danger, or is beyond control;

the child or young person has been, is being or is at risk of being ill-treated —

by his parent or guardian; or

by any other person, and his parent or guardian, although knowing of such ill-treatment or risk, has not protected or is unlikely or unwilling to protect the child or young person from such ill-treatment;

the child or young person needs to be examined, investigated or treated for the purpose of restoring or preserving his health or development and his parent or guardian neglects or refuses to have him so examined, investigated or treated;

the child or young person behaves in a manner that is, or is likely to be, harmful to himself or to any person and —

his parent or guardian is unable or unwilling to take necessary measures to remedy the situation; or

the remedial measures taken by the parent or guardian fail;

there is such a serious and persistent conflict between the child or young person and his parent or guardian, or between his parents or guardians, that family relationships are seriously disrupted, thereby causing the child or young person emotional injury;

the child or young person —

is a person in respect of whom a relevant offence has been or is believed to have been committed; or

is a member of the same household as another child or young person in respect of whom a relevant offence has been or is believed to have been committed, and the child or young person appears to be in danger of a similar offence being committed against him,and either the person who committed or is believed to have committed the offence or who has been convicted of the offence is the parent or guardian of the child or young person or a member of the same household as the child or young person, or the parent or guardian of the child or young person is unable, unlikely or unwilling to protect the child or young person from such offence; or

the child or young person is found to be —

destitute or wandering without any settled place of abode and without visible means of subsistence;

begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale) or loitering for the purpose of so begging or receiving alms;

engaged in carrying out illegal lotteries, illegal hawking, gambling or other undesirable activities; or

using or inhaling any intoxicating substance (as defined in the Intoxicating Substances Act (Cap. 146A)) for the purpose of inducing or causing in himself a state of intoxication.Ill-treatment of child or young person4.—

A person shall be guilty of an offence if, being a person who has the custody, charge or care of a child or young person, he ill-treats the child or young person or causes, procures or knowingly permits the child or young person to be ill-treated by any other person.

For the purposes of this Act, a person ill-treats a child or young person if that person, being a person who has the custody, charge or care of the child or young person —

subjects the child or young person to physical or sexual abuse;

wilfully or unreasonably does, or causes the child or young person to do, any act which endangers or is likely to endanger the safety of the child or young person or which causes or is likely to cause the child or young person —

any unnecessary physical pain, suffering or injury;

any emotional injury; or

any injury to his health or development; or

wilfully or unreasonably neglects, abandons or exposes the child or young person with full intention of abandoning the child or young person or in circumstances that are likely to endanger the safety of the child or young person or to cause the child or young person —

any unnecessary physical pain, suffering or injury;

any emotional injury; or

any injury to his health or development.

For the purpose of subsection (2)(c), the parent or guardian of a child or young person shall be deemed to have neglected the child or young person in a manner likely to cause him physical or emotional injury or injury to his health or development if the parent or guardian wilfully or unreasonably neglects to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child or young person.

A person may be convicted of an offence under this section —

notwithstanding that any actual suffering or injury on the part of the child or young person or the likelihood of any suffering or injury on the part of the child or young person was obviated by the action of another person; or

notwithstanding the death of the child or young person in respect of whom the offence is committed.

Subject to subsection (6), any person who is guilty of an offence under this section shall be liable on conviction —

in the case where death is caused to the child or young person, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both; and

in any other case, to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 4 years or to both.

The court may, in lieu of or in addition to any punishment specified in subsection (5), order the person guilty of an offence under this section to execute a bond, with or without sureties, as the court may determine, to be of good behaviour for such period as the court thinks fit, and may include in such bond a condition requiring such person to undergo such counselling, psychotherapy or other programme as may be specified therein.

If a person who is ordered to execute a bond of good behaviour under subsection (6) fails to comply with any of the conditions of such bond, he shall —

if such bond is in lieu of a penalty under subsection (5), be liable to the penalty provided for in that subsection; or

if such bond is in addition to a penalty under subsection (5), be liable to a further fine not exceeding $20,000 or to a further term of imprisonment not exceeding 7 years or to both.”.

Sections 7, 8 and 9 of the principal Act are repealed and the following sections substituted therefor:“Protector’s power to obtain information7.—

Where a protector has reason to believe that any person can furnish any information regarding the commission of any relevant offence in respect of a child or young person, the protector may, by order in writing —

require that person to furnish such information to the protector in writing within such time as may be specified by the protector; or

require that person to appear before and furnish such information to the protector at such time and place as may be specified by the protector.

The person referred to in subsection (1) shall be bound, as the case may be, to furnish the required information in writing or to attend before the protector and answer truthfully and to the best of his ability any question concerning the offence.Power to remove child or young person to place of safety, etc.8.—

Where the Director, a protector or a police officer not below the rank of sergeant is satisfied on reasonable grounds that a child or young person is in need of care or protection, the Director, protector or police officer may —

without warrant and with such assistance and by such force as is necessary, by day or by night enter any premises in which the child or young person is to be found and —

remove the child or young person and commit him to a place of safety until he can be brought before a Juvenile Court to be dealt with under section 48; or

remove the child or young person and, before committing him to a place of safety under sub-paragraph (i), present the child or young person before a registered medical practitioner or an approved welfare officer for an assessment or for any medical or other treatment as may appear to be necessary; or

by notice in writing order the parent or guardian of the child or young person to —

produce the child or young person before the Director, protector or police officer at a specified time and place; or

produce the child or young person before a registered medical practitioner or an approved welfare officer for an assessment or for any medical or other treatment as may be necessary,following which the Director, protector or police officer may, if he thinks necessary, remove the child or young person and commit him to a place of safety until he can be brought before a Juvenile Court to be dealt with under section 48.

A registered medical practitioner to whom a child or young person is brought under subsection (1)(a)(ii) or (b)(ii) —

shall conduct the requisite assessment of the child or young person and report his assessment to the Director, protector or police officer, as the case may be; and

may, with the consent of the parent or guardian of the child or young person or, if such consent cannot be obtained or if there is immediate risk to the health of the child or young person, with the authorisation of the Director, protector or police officer —

administer or cause to be administered to the child or young person such procedures and tests as may be necessary to diagnose the condition of the child or young person; and

provide or cause to be provided to the child or young person such treatment (including any surgical treatment) as he considers necessary as a result of his assessment or diagnosis.

If the registered medical practitioner or approved welfare officer conducting the assessment of the child or young person under this section believes on reasonable grounds that the child or young person is suffering from any physical or emotional injury or any injury to his health or development as a result of being ill-treated, the registered medical practitioner or approved welfare officer shall immediately notify the Director, protector or police officer, as the case may be, and the provisions of section 84A shall apply to a registered medical practitioner or an approved welfare officer who makes a notification under this subsection.

If the registered medical practitioner conducting the assessment of the child or young person under this section is of the opinion that the hospitalization of the child or young person is necessary for the purpose of treating the child or young person, the Director, protector or police officer may authorise the hospitalization of the child or young person.

Subject to subsection (6), every child or young person who is removed by the Director, a protector or a police officer under this section shall, unless he is sooner returned to the custody of his parent or guardian, be brought before a Juvenile Court within 3 working days of his being so removed in order that he may be dealt with under section 48.

If for any reason it is not possible for the child or young person to be brought before a Juvenile Court within the time specified in subsection (5) —

the Director, protector or police officer (as the case may be) shall, within 3 working days of the removal of the child or young person, inform the Juvenile Court of the removal and the reason for which it is not possible to comply with subsection (5); and

the Juvenile Court may make such order as the circumstances may admit and require in relation to the custody, charge and care of the child or young person until such time as the child or young person may be brought before the Juvenile Court.

In this section, “assessment” means an assessment to determine the state of the health or development of the child or young person and whether the child or young person has been subjected to any ill-treatment.”.

Section 10 of the principal Act is amended —

by deleting subsection (1) and substituting the following subsections:“(1) If a Magistrate’s Court, upon receiving any information or complaint, has reason to believe that a relevant offence has been or is being committed in respect of a child or young person, the Court may issue a warrant authorising any police officer named therein to search for the child or young person, if necessary, and remove the child or young person and commit him to a place of safety until he can be brought before a Juvenile Court to be dealt with under section 48.

A warrant issued by a Magistrate’s Court under this section may authorise the police officer named therein, before committing the child or young person concerned to a place of safety, to present the child or young person before a registered medical practitioner or an approved welfare officer for an assessment or for any medical or other treatment as may appear to be necessary.

The provisions of section 8(2) to (7) shall apply, with the necessary modifications, in the case where a child or young person is removed under this section as they apply in the case where a child or young person is removed under that section.”; and

by deleting the words “a Government Medical Officer” in the last line of subsection (4) and substituting the words “a registered medical practitioner appointed by the Director for the purpose”.

Section 12 of the principal Act is amended by inserting, immediately after subsection (3), the following subsection:“(4) In this section, “legal guardian”, in relation to a child or young person, means a person lawfully appointed by deed or will or by the order of a competent court to be the guardian of that child or young person.”.

Section 16 of the principal Act is amended —

by inserting, immediately after the word “child” wherever it appears in the 2nd, 13th, 16th, 18th, 22nd, 24th and 28th lines, the words “or young person”; and

by deleting the words “copies of the child’s and the person’s photographs,” in the 14th and 15th lines and substituting the words “copies of the photographs of the child or young person and the photographs of that person,”.

Section 17 of the principal Act is amended by inserting, immediately after the word “child” in the 3rd line of subsection (1) and in the 2nd line of subsection (2), the words “or young person”.

Section 20 of the principal Act is amended by deleting paragraph (b).

Section 22 of the principal Act is amended by deleting “$500” in the penultimate line and substituting “$1,000”.

Section 24 of the principal Act is repealed and the following section substituted therefor:“Maintenance of child or young person when committed to care of any person24.—

Where pursuant to this Act a child or young person is committed to the care of any person —

that person shall, while the order of committal is in force, have the like control over the child or young person as if he were the parent of the child or young person and shall be responsible for the maintenance of the child or young person; and

the child or young person shall continue in the care of that person notwithstanding that he is claimed by his parent or guardian or any other person.

Any person who —

without lawful authority removes a child or young person from the custody of the person to whose care the child or young person has been committed pursuant to this Act;

knowingly assists or induces, directly or indirectly, a child or young person to escape from the person to whose care he has been committed pursuant to this Act; or

knowingly —

harbours or conceals a child or young person who has escaped from the person to whose care he has been committed pursuant to this Act;

prevents such child or young person from returning to the person to whose care he has been committed pursuant to this Act; or

assists any other person in doing any of the acts mentioned in sub-paragraphs (i) and (ii),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

For the purposes of this section, a child or young person who, pursuant to this Act, is committed or sent to an approved school, an approved home, a remand home, a place of detention or a place of safety shall be deemed to have been committed to the care of the manager of the approved school, approved home, remand home, place of detention or place of safety, as the case may be.”.

Section 25 of the principal Act is amended —

by inserting, immediately after the word “child” in the 2nd line of subsection (1), the words “or young person”;

by deleting the words “the parent or guardian of the child or the person having the custody of the child” in the 6th, 7th and 8th lines of subsection (1) and substituting the words “the parent or guardian or the person having the custody of the child or young person”;

by deleting the words “the child’s maintenance” in the 9th and 10th lines of subsection (1) and substituting the words “the maintenance of the child or young person”; and

by inserting, immediately after the word “child” in the 2nd line of subsection (3), the words “or young person”.

Section 31 of the principal Act is repealed and the following section substituted therefor:“Attendance at court of parent or guardian of child or young person charged with an offence, etc.31.—

Subject to subsection (2), where a child or young person is charged with any offence or is brought before a court under the provisions of this Act or any other Act —

his parent or guardian shall, unless the court otherwise orders, attend before the court during all stages of the proceedings; and

the court may compel the attendance of the parent or guardian as if he were required as a witness in the proceedings.

If it appears to a court to be necessary to do so in the interest of a child or young person, the court may require his parent or guardian to withdraw from the court.”.

Section 33 of the principal Act is repealed and the following section substituted therefor:“Jurisdiction of Juvenile Court33.—

Subject to the provisions of this section, no child or young person shall be charged with or tried for any offence by a court of summary jurisdiction except a Juvenile Court.

Where a child or young person is charged with any offence triable only by the High Court, he shall be tried by the High Court unless —

the Public Prosecutor applies to the Juvenile Court to try such offence; and

the legal representative of the child or young person concerned consents to the offence being tried by the Juvenile Court.

Where a charge is made jointly against a child or young person and a person who has attained the age of 16 years, the charge shall be heard by a court of appropriate jurisdiction other than a Juvenile Court.

Where, in the course of any proceedings before any court of appropriate jurisdiction other than a Juvenile Court, it appears that the person to whom the proceedings relate is a child or young person, the court may, notwithstanding subsection (1), proceed with the hearing and determination of the proceedings if it thinks fit.

A Juvenile Court shall have jurisdiction to try all offences which, but for subsections (1) and (2), would be triable only by a Magistrate’s Court, a District Court or the High Court.

A person who has attained the age of 16 years on the date of commencement of the hearing of the charge shall not be tried for any offence by a Juvenile Court, but where in the course of any trial before a Juvenile Court the child or young person to whom the trial relates attains the age of 16 years, nothing in this subsection shall prevent the Juvenile Court, if it thinks fit, from proceeding with the trial and dealing with the child or young person in accordance with the provisions of this Act.

In this section, “legal representative”, in relation to a child or young person who is charged with an offence, includes any person assisting the child or young person in his defence to the charge.”.

Section 35 of the principal Act is repealed and the following section substituted therefor:“Restriction on publication of information relating to proceedings involving children and young persons35.—

Subject to subsection (2), no person shall —

publish or broadcast any information relating to any proceedings in any court or on appeal from any court that reveals the name, address or school or that includes any particulars that are calculated to lead to the identification of any child or young person concerned in the proceedings, either as being the person against or in respect of whom the proceedings are taken or as being a witness therein; or

publish or broadcast any picture as being or including a picture of any child or young person so concerned in any such proceedings.

The court or the Minister may, if satisfied that it is in the interests of justice so to do, by order dispense with the requirements of subsection (1) to such extent as may be specified in the order.

If any information or picture is published or broadcast in contravention of subsection (1), the following persons:

in the case of the publication of any information or picture as part of a newspaper or periodical publication, any proprietor, editor, publisher or distributor thereof;

in the case of the publication of any information or picture otherwise than as part of a newspaper or periodical publication, the person who publishes or distributes it; or

in the case of the broadcast of any information or picture, any person who transmits or provides the programme in which the information or picture is broadcast and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

Subsection (1) shall be in addition to, and not in derogation from, the provisions of any other written law with respect to the publication of information relating to judicial proceedings.

In this section —“broadcast” means sounds or visual images broadcast by wireless telegraphy or by means of a high frequency distribution system over wire or other paths provided by a material substance and intended for general reception;“publish”, in relation to any information or picture, means to bring the information or picture to the notice of the public or a section of the public by any means.”.

Section 42 of the principal Act is amended —

by deleting the words “general conduct, home surroundings, school record and medical history,” in the 2nd, 3rd and 4th lines of subsection (8) and substituting the words “family background, general conduct, home surroundings, school record, medical history and state of development,”;

by deleting the words “a welfare officer” in the 2nd and 3rd lines of subsection (9) and substituting the words “an approved welfare officer”;

by deleting subsection (10) and substituting the following subsections:“(10) For the purpose of subsection (8), the Juvenile Court may —

require either or both the child or young person and the parent or guardian thereof to furnish such information or render such assistance to the Juvenile Court as the Court thinks necessary;

require either or both the child or young person and the parent or guardian thereof to undergo such medical, psychological or other assessment as the Juvenile Court thinks necessary; and

from time to time release the child or young person on bail or remand him in a place of detention in order to facilitate the carrying out of any requirement of the Juvenile Court under paragraph (a) or (b).

The costs of and incidental to any assessment under subsection (10)(b) shall be borne by the parent or guardian of the child or young person, unless the Juvenile Court directs otherwise.”; and (d)by deleting the words “a welfare officer” in the 2nd and 3rd lines of subsection (11) and substituting the words “an approved welfare officer”.

Section 43 of the principal Act is amended by deleting subsection (2) and substituting the following subsection:“(2) Where the court or a police officer dealing with any person by whom an offence is alleged to have been committed is in doubt as to the exact age of that person, the certificate of a registered medical practitioner who has assessed that person, stating to the effect that, in his opinion, that person has or has not attained a specified age, may be given in evidence.”.