6.164Section 34 of the Protection of Children and Juveniles Ordinance provides that the juvenile court on its own motion or on application of the Director or a person authorised by the Director can make a care or supervision order. The word “person” includes any public body and any body of person, corporate or unincorporate.794 It is consistent with our previous recommendations on the right of third parties concerned with the welfare of a child to allow them to also apply for orders under the Protection of Children and Juveniles Ordinance. We recommend that section 34 of the Protection of Children and Juveniles Ordinance should be amended to allow an application for a care and protection order or supervision order to be made by third parties. The same criteria for applications by third parties, already adopted for private law proceedings, should be adopted for such public law proceedings.
Ex parte applications by Director
6.165Rule 93 of the Matrimonial Causes Rules (Cap 179) provides that an application by the Director of Social Welfare for the variation or discharge of an order or for directions as to the exercise of his powers, may, in case of urgency or where the application is unlikely to be opposed, be made by letter addressed to the court and the Director shall, if practicable, notify any interested party of the intention to make the application.795
6.166In accordance with the principles of natural justice, we suggest that the relevant interested parties should be notified of a hearing, even if the Director retains an initial power to apply ex parte in an emergency. We recommend that Rule 93 of the Matrimonial Causes Rules (Cap 179), and rule 61D of the District Court Civil Procedure (General) Rules (Cap 336), be amended to allow for an ex parte application in case of emergency, but an inter partes hearing should proceed if the application was opposed.
794 Section 3 of the Interpretation and General Clauses Ordinance (Cap 1).
795 There is a similar provision in rule 61D of the District Court Civil Procedure (General) Rules (Cap 336)