Cap. 505

An Ordinance to provide for the registration of social workers and disciplinary control of the professional activities of registered social workers, and for related matters. [6 June 1997] L.N. 302 of 1997(Format changes—E.R. 1 of 2019) (Enacting provision omitted—E.R. 1 of 2019) Part I Preliminary 1. Short title (Amended E.R. 1 of 2019)(1) This Ordinance may be cited as the Social Workers Registration Ordinance.(2) (Omitted as spent—E.R. 1 of 2019) 2. Interpretation (1) In this Ordinance, unless the context otherwise requires—Board (註冊局) means the Social Workers Registration Board established under section 4(1);Board Member Oath (註冊局成員誓言) means an oath the wording of which is prescribed in Schedule 4; (Added 18 of 2024 s. 3)Chairperson (主席) means the Chairperson of the Board appointed under section 4(5); (Amended 18 of 2024 s. 3) code of practice (工作守則) includes— (a) a standard; (b) a specification; and (c) any other documentary form of practical guidance; committee (委員會) means a committee established under section 8(1)(a);degree (學位) and diploma (文憑) include any fellowship, membership, licence, authority to practise, letter testimonial, certificate of other status or document granted by any educational institution or government, whether in Hong Kong or elsewhere;Deputy Chairperson (副主席) means the Deputy Chairperson of the Board appointed under section 4(5); (Amended 18 of 2024 s. 3)Director (署長) means the Director of Social Welfare and includes a representative of the Director;disciplinary committee (紀律委員會) means a disciplinary committee appointed under section 27(1);disciplinary offence (違紀行為) means an act or omission set out in section 25(1);disciplinary order (紀律制裁命令) means an order under section 30(1);panel (備選委員小組) means the disciplinary committee panel appointed under section 26(1);recognized (認可), in relation to a degree or diploma in social work, means a degree or diploma, as the case may be, recognized under section 17(1)(a);Register (註冊紀錄冊) means the register established under section 7(1)(a);registered (註冊) means registered under this Ordinance;registered social worker (註冊社會工作者) means a person whose name is currently entered in the Register;registered social worker (category 1) (註冊社會工作者(第1類)) means a registered social worker whose name is entered in part 1 of the Register;registered social worker (category 2) (註冊社會工作者(第2類)) means a registered social worker whose name is entered in part 2 of the Register;Registrar (註冊主任) means the Registrar appointed under section 15(1);relevant date (有關日期) means the date on which the first notice under section 4(4) is published in the Gazette;Secretary (局長) means the Secretary for Labour and Welfare; (Replaced L.N. 106 of 2002. Amended L.N. 130 of 2007)social work post (社會工作職位) means a post of employment in social work where the holder of the post, in order to discharge the duties of the post, requires knowledge and skills that may be obtained by acquiring a recognized degree or diploma in social work;specified (指明), in relation to a form, means specified under section 37.(2) Any reference to social worker in any other Ordinance shall be construed to mean a registered social worker.(3) For the purposes of sections 31(2) and 32(1), an appeal to the Court of Appeal shall be deemed to be finally determined when the earliest of the following events occurs, whichever is applicable in the circumstances—(a) when the appeal to the Court of Appeal is withdrawn or abandoned;(b) when the specified period expires without an application for leave to appeal having been made to the Court of Appeal;(c) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Appeal—(i) when the application is withdrawn or abandoned;(ii) if the application is refused, when the specified period expires without an application for leave to appeal having been made to the Court of Final Appeal; or(iii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of; or(d) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Final Appeal—(i) when the application is withdrawn, abandoned or refused; or(ii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of. (Added 10 of 2005 s. 110)(4) In subsection (3)—application for leave to appeal (上訴許可申請) means an application made to the Court of Appeal or the Court of Final Appeal under section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) for leave to appeal to the Court of Final Appeal from a judgment of the Court of Appeal; specified period (指明限期)— (a) in the case of an application for leave to appeal made to the Court of Appeal, means—(i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) is required to be filed; or(ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Appeal extends that period, the period as so extended; or (b) in the case of an application for leave to appeal made to the Court of Final Appeal, means—(i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(4) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) is required to be filed; or(ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Final Appeal extends that period, the period as so extended. (Added 10 of 2005 s. 110) 3. Application This Ordinance binds the Government. Part II Social Workers Registration Board 4. Constitution of Board (1) There is hereby established a body corporate to be known as the “Social Workers Registration Board”. (Amended E.R. 1 of 2019)(2) The Board shall have perpetual succession and a common seal and shall be capable of suing and being sued.(3) The Board is to consist of 27 members of whom— (Amended 18 of 2024 s. 4)(a) subject to subsection (4), 8 are registered social workers (category 1) elected— (Amended 18 of 2024 s. 4)(i) by registered social workers; and(ii) in accordance with rules made under section 9(1)(b);(b) 17 are persons appointed by the Chief Executive by notice published in the Gazette of whom—(i) at least 5 are neither registered social workers nor public officers; and(ii) at least 5 are registered social workers (category 1); (Replaced 18 of 2024 s. 4)(ba) 1 is a public officer appointed by the Chief Executive by notice published in the Gazette who is also a registered social worker (category 1); and (Added 18 of 2024 s. 4)(c) 1 is the Director. (Amended 18 of 2024 s. 4)(4) A registered social worker (category 1) shall not be a member of the Board under subsection (3)(a) until the date on which the Secretary publishes a notice in the Gazette stating that the social worker has been duly elected as provided under that subsection.(5) The Chairperson and Deputy Chairperson of the Board are to be appointed from the members of the Board by the Chief Executive. (Replaced 18 of 2024 s. 4)(6) The Deputy Chairperson shall act as Chairperson if the Chairperson is absent from Hong Kong or is, for any other reason, unable to act as Chairperson.(7) If for any period both the Chairperson and Deputy Chairperson are absent from Hong Kong or are, for any other reason, unable to perform the functions of their respective offices the members of the Board may elect from among their number a person to act as Chairperson during that period.(8) The relevant provisions of Schedule 1 shall have effect with respect to the Board and its members.(9) The Board shall not be regarded as a servant or agent of the Government or as enjoying any status, immunity or privilege of the Government.(10) Part VII of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply to the Board and appointments to the Board except in so far as that Part is inconsistent with the provisions of this Ordinance.(11)-(12) (Repealed 18 of 2024 s. 4) 4A. Requirement to take Board Member Oath (1) This section applies to a person who—(a) is to take up the office of a member of the Board; or(b) held the office of a member of the Board immediately before the commencement date of the Social Workers Registration (Amendment) Ordinance 2024 (18 of 2024).(2) The person must, on the date, and at the time and place, specified by the Secretary, take a Board Member Oath before—(a) the Secretary; or(b) a person authorized by the Secretary to administer the Oath.(Added 18 of 2024 s. 5) 4B. Declining or neglecting to take Board Member Oath (1) A person declines or neglects to take a Board Member Oath if the Secretary is satisfied that—(a) the person fails, without reasonable excuse, to take the Board Member Oath in accordance with section 4A(2);(b) the person does not genuinely and truthfully intend to uphold the Basic Law and bear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China; or(c) the person intentionally—(i) contravenes the oath-taking procedure of the person or desecrates the oath-taking ceremony;(ii) alters or distorts the wording of the Board Member Oath;(iii) says words that do not accord with the wording of the Board Member Oath; or(iv) acts in a way that is not sincere or not solemn in purporting to take the Board Member Oath.(2) In this section—(a) a reference to the oath-taking ceremony includes the oath-taking procedure of any person during the ceremony; and(b) a reference to the oath-taking procedure of a person includes the taking of the oath by the person.(Added 18 of 2024 s. 5) 4C. Consequences of declining or neglecting to take Board Member Oath (1) A person who declines or neglects to take a Board Member Oath—(a) if the person falls within the description of section 4A(1)(a)—must not take up the office of a member of the Board; or(b) if the person falls within the description of section 4A(1)(b)—must not continue to hold the office of a member of the Board.(2) The office of a member of the Board that the person would have taken up, or continued to hold, but for subsection (1) is to become vacant.(3) Despite section 5(1)(c), the person is, within 5 years after the date specified under section 4A(2) in respect of the person—(a) disqualified from being nominated as a candidate at an election of members of the Board, and from being elected as a member of the Board; and(b) disqualified from being appointed as a member of the Board.(4) No person may arrange for a person who declines or neglects to take a Board Member Oath to retake it.(Added 18 of 2024 s. 5) 5. Tenure of office (1) Elected or appointed members of the Board—(a) are, subject to subsections (3) and (4) and section 5A(5), to serve for 3 years or, in the case of an appointed member, such lesser period as may be specified in the terms of appointment;(b) may resign by giving notice in writing to—(i) in the case of an elected member, the Board;(ii) in the case of an appointed member, the Chief Executive; (Amended 37 of 2000 s. 3)(c) subject to subsection (2), may be re-elected or reappointed.(2) A member of the Board (other than the Director, or a member appointed under section 4(3)(ba))— (Amended 18 of 2024 s. 6)(a) who has been a member continuously for 9 years; or(b) whose period of service as a member exceeds 9 years in any 11 year period,may not again be a member until a period of 2 years since the member last served has elapsed when the member is again eligible to be a member as if the member had not previously been a member, and this subsection applies again accordingly.(3) If the Chief Executive is satisfied that a member of the Board (other than the Director, or a member appointed under section 4(3)(ba))— (Amended 37 of 2000 s. 3; 18 of 2024 s. 6)(a) has become bankrupt or has entered into a composition or scheme of arrangement with the member’s creditors within the meaning of the Bankruptcy Ordinance (Cap. 6);(b) has been absent from 3 consecutive meetings of the Board—(i) of which the member has had notice to attend; and(ii) without the permission of the Board;(c) has become so incapacitated by physical or mental illness as to be unable to carry out the duties of a member of the Board;(d) has ceased to be ordinarily resident in Hong Kong;(e) has been sentenced to imprisonment, whether suspended or not, by any court or magistrate;(f) has been found guilty of a disciplinary offence; or(g) has breached the Board Member Oath taken by the member, (Added 18 of 2024 s. 6)the Chief Executive may declare the member’s office to be vacant, and must notify the fact in such manner as the Chief Executive thinks fit; and upon such declaration the office becomes vacant. (Amended 37 of 2000 s. 3)(3A) Despite subsection (1)(c), a person whose office as a member of the Board becomes vacant because of a declaration made in respect of the person under subsection (3) on the ground specified in subsection (3)(g) is, within 5 years after the date on which the declaration is made—(a) disqualified from being nominated as a candidate at an election of members of the Board, and from being elected as a member of the Board; and(b) disqualified from being appointed as a member of the Board. (Added 18 of 2024 s. 6)(4) Where an elected member of the Board ceases, for whatever reason, to be a registered social worker (category 1), the Secretary shall publish a notice in the Gazette stating that his office as a member is vacant (and upon such publication the office shall be vacant).(5) (Repealed 18 of 2024 s. 6)(Amended 18 of 2024 s. 6) 5A. Filling of vacancy in office of elected member of Board (1) This section applies if a vacancy in the office of an elected member of the Board arises because of—(a) section 4C(2);(b) section 5(1)(b)(i);(c) section 5(3); or(d) section 5(4).(2) Subject to subsection (3), the Board is to decide whether, and if so, when, it is reasonably practicable to hold an election to fill the vacancy.(3) An election under subsection (2) must not be held within 12 months preceding the date on which the term of the office would have ended had the vacancy not arisen (specified date).(4) An election under subsection (2) is to be held in accordance with the rules made under section 9(1)(b).(5) A person elected at an election under subsection (2) may only serve up to the specified date.(Added 18 of 2024 s. 7) 6. Proceedings of Board (1) The Chairperson may appoint the time and place for the Board to meet.(2) The Chairperson must, on the written requisition of not less than 10 other members of the Board, give notice of a meeting of the Board to be held not sooner than 7 days but within 28 days from the receipt of the requisition and appoint the time and place for that purpose.(3) The Board must not transact business at a meeting other than to adjourn unless there is a quorum of 10 members of the Board present.(Amended 18 of 2024 s. 8) 7. Functions of Board (1) The functions of the Board are to— (Amended 18 of 2024 s. 9)(a) establish and maintain a register of registered social workers;(b) set and review the qualification standards for registration as a registered social worker and related registration matters;(c) subject to subsection (2), assess qualifications to ascertain whether they should be set under paragraph (b);(d) publish from time to time and make available for public inspection—(i) the qualification standards set under paragraph (b);(ii) the qualifications, not being qualification standards set under paragraph (b), in respect of which the Board has performed its function under paragraph (c);(e) examine and verify the qualifications of persons who apply for registration as registered social workers;(f) receive, examine, accept or reject applications for registration and renewal of registration as a registered social worker;(fa) set continuing professional development requirements for registered social workers; (Added 18 of 2024 s. 9)(g) deal with disciplinary offences in accordance with this Ordinance;(h) keep proper records of its proceedings and accounts; and(i) perform such other functions as are imposed on it under this Ordinance.(2) Subsection (1)(c) shall not operate to require the Board to assess all types of qualifications to ascertain whether they should be set under subsection (1)(b), and whether or not any qualifications are those of a person who has applied for registration as a registered social worker. 8. Powers of Board (1) The Board may do all such things as are necessary for, or incidental or conducive to, the better performance of its functions and in particular but without prejudice to the generality of the foregoing, may—(a) establish committees to advise the Board on the performance of its functions and the exercise of its powers (including committees which have members who are not members of the Board);(b) employ persons to assist the Board with the performance of its functions and the exercise of its powers;(c) acquire and hold property of any description if in the opinion of the Board such property is necessary for—(i) the accommodation of the Board or of any committee (including a disciplinary committee); or(ii) the performance of any of its functions,and, subject to the terms and conditions upon which such property is held, dispose of it;(d) enter into, carry out, assign or accept the assignment of, vary or rescind, any contract, agreement or other obligation;(e) exercise such other powers as are conferred on it under this Ordinance.(2) The relevant provisions of Schedule 1 shall have effect with respect to a committee and its members. 9. Board may make rules (1) The Board may make such rules, not inconsistent with this Ordinance, as are necessary for, or incidental or conducive to, the better performance of its functions or exercise of its powers and in particular but without prejudice to the generality of the foregoing, may make rules in respect of—(a) the conduct of meetings of the Board or of any committee (including a disciplinary committee);(b) the election of members of the Board; (Amended 18 of 2024 s. 10)(c) the steps to be taken by the Registrar where the Board accepts or rejects an application for registration or renewal of registration;(d) the conduct and discipline of registered social workers;(e) the reimbursement of reasonable expenses incurred by persons attending to the business of the Board;(f) the conduct of inquiries by a disciplinary committee and for other matters relating to the investigation of an alleged disciplinary offence; or (Amended 18 of 2024 s. 10)(g) (Repealed 18 of 2024 s. 10)(h) the election of a person to act as Chairperson under section 4(7).(2) For the avoidance of doubt, it is hereby declared that rules made under subsection (1) are not subsidiary legislation. 10. Approval of codes of practice by Board (1) For the purpose of providing practical guidance in respect of the professional conduct of registered social workers (including ethical matters relating to such conduct), the Board may—(a) approve and issue such codes of practice (whether prepared by it or not) as in its opinion are suitable for that purpose; and(b) approve such codes of practice issued or proposed to be issued otherwise than by it as in its opinion are suitable for that purpose.(2) A code of practice approved under subsection (1) takes effect on the date on which the Secretary publishes a notice in the Gazette stating that the code of practice has been approved under that subsection. (Replaced 18 of 2024 s. 11)(3) The Board may—(a) from time to time revise the whole or any part of any code of practice prepared by it under this section; and(b) approve any revision or proposed revision of the whole or any part of any code of practice for the time being approved under this section,and the provisions of subsection (2) shall, with the necessary modifications, apply in relation to the approval of any revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1).(4) The Board may at any time withdraw its approval from any code of practice approved under this section.(5) Where under subsection (4) the Board withdraws its approval from a code of practice approved under this section, the code of practice ceases to have effect on the date on which the Secretary publishes a notice in the Gazette stating that the approval has been withdrawn under that subsection. (Amended 18 of 2024 s. 11)(6) References in this Ordinance to an approved code of practice are references to that code as it has effect for the time being by virtue of any revision of the whole or any part of it approved under this section.(7) The power of the Board under subsection (1)(b) to approve a code of practice issued or proposed to be issued otherwise than by it shall include power to approve a part of such a code and, accordingly, in this Ordinance code of practice (工作守則) may be read as including a part of such a code. 11. Use of approved codes of practice in disciplinary proceedings (1) A failure on the part of any registered social worker to observe any provision of an approved code of practice shall not of itself be a disciplinary offence but where a registered social worker is alleged to have committed a disciplinary offence at a time when there was an approved code of practice, then subsection (2) shall have effect with respect to such code in relation to the alleged disciplinary offence.(2) The Board or a disciplinary committee may, in any proceedings under this Ordinance to decide whether a registered social worker has committed a disciplinary offence, have regard to any provision of an approved code of practice which appears to the Board or disciplinary committee, as the case may be, to be relevant to the act or omission constituting the offence. 12. Delegations (1) Subject to subsection (2), the Board may, with or without restrictions as it thinks fit, delegate in writing any of its functions or powers to—(a) any member of the Board;(b) any committee (including a disciplinary committee);(c) the Registrar;(d) any employee of the Board.(2) The Board may not delegate any of its functions or powers under— (Amended 18 of 2024 s. 12)(a) subsection (1) or section 5A(2), 8(1)(a), 9, 10, 19, 24A(1) or (4), 24B(1), 25(3) or (4), 26(1) or (2), 27(1), (8) or (9), 30 or 38;(b) any provisions of any rules made under section 9(1) which are specified in the rules as provisions that are not subject to subsection (1);(c) any provisions of Schedule 1 which are specified in that Schedule as provisions that are not subject to subsection (1). (Amended 18 of 2024 s. 12)(3) A delegate of the Board—(a) shall perform the delegated functions and may exercise the delegated powers as if the delegate were the Board; and(b) shall be presumed to be acting in accordance with the relevant delegation in the absence of evidence to the contrary. 13. Protection of members of Board, etc. (1) No person to whom this subsection applies, acting in good faith, shall be personally liable in damages for any act done or default made in the performance or purported performance of any function, or the exercise or purported exercise of any power, imposed or conferred on the Board under this Ordinance.(2) The protection conferred under subsection (1) on any person to whom that subsection applies in respect of any act or default shall not in any way affect the liability of the Board for that act or default.(3) The persons to whom subsection (1) applies are—(a) any member of the Board or a committee (including a disciplinary committee);(b) the Registrar;(c) any employee of the Board. 14. No fees payable to Board members No fees shall be paid to any member of the Board for his services as a member. 14A. Power and proceedings of Board not affected by vacancy in membership Any vacancy in the membership of the Board does not affect—(a) the power of the Board to transact business; or(b) the validity of the proceedings of the Board.(Added 18 of 2024 s. 13) Part III Register and Certificates 15. Appointment and duties of Registrar (1) The Board shall appoint a person to be the Registrar upon such terms and conditions as it thinks fit.(2) The Registrar shall—(a) be responsible for the custody of the Register; and(b) serve as secretary to the Board and, subject to any rules made by the Board, any committee (including a disciplinary committee). 16. Form of Register (1) The Registrar shall, in accordance with the directions of the Board, keep the Register in 2 parts of which—(a) part 1 shall contain in respect of every registered social worker (category 1)—(i) his name and address;(ii) the qualification on which his registration is based; and(iii) any other details that the Board may direct;(b) part 2 shall contain in respect of every registered social worker (category 2)—(i) his name and address;(ii) the qualification on which his registration is based; and(iii) any other details that the Board may direct.(2) The Register shall be available to any person for inspection free of charge at the office of the Board at such reasonable times as the Board may direct.(3) A person whose name is entered in the Register shall within 3 months notify the Registrar of any change in the particulars prescribed by subsection (1). 17. Qualifications for registration (1) The Board shall not register a person as a registered social worker (category 1) unless he—(a) is the holder of a degree or diploma in social work recognized by the Board for the purposes of this subsection; or(b) satisfies the Board that he has—(i) occupied a social work post not later than 31 March 1982; and(ii) subsequent to that date, occupied a social work post or posts for not less than 10 years, whether or not continuously.(2) The Board shall not register a person as a registered social worker (category 2) unless he satisfies the Board that—(a) he currently occupies a social work post or has been accepted for such a post; and(b) if he is so registered, he proposes to obtain a recognized degree or diploma in social work within a period which is reasonable in all the circumstances.(3) No person shall be registered as a registered social worker unless at the time of application for registration he is—(a) ordinarily resident in Hong Kong;(b) a fit and proper person to be registered; and(c) not subject to a disciplinary order which precludes him from being registered.(4) Without limiting the generality of subsection (3)(b), the Board—(a) may refuse to register a person as a registered social worker who has been convicted in Hong Kong or elsewhere of any offence which—(i) may bring the profession of social worker into disrepute; and(ii) is punishable with imprisonment (whether or not the person was sentenced to imprisonment);(b) subject to subsection (5), must refuse to register a person as a registered social worker who has been— (Amended 18 of 2024 s. 14)(i) convicted in Hong Kong of— (Amended 18 of 2024 s. 14)(A) any offence specified in Schedule 2; or(B) any offence specified in Schedule 3; or(ii) convicted elsewhere of any offence where the act or omission constituting the offence, if the act or omission had occurred in Hong Kong, would constitute an offence referred to in— (Amended 18 of 2024 s. 14)(A) subparagraph (i)(A); or(B) subparagraph (i)(B). (Amended 18 of 2024 s. 14)(5) A person may be registered as a social worker notwithstanding that the person has been convicted of an offence referred to in subsection (4)(b)(i)(A) or (ii)(A) if, but only if, all the members for the time being of the Board, after considering all the circumstances of the case, resolve that the person be so registered. (Amended 18 of 2024 s. 14)(6) Subsections (2)(b), (3)(b) and (4)(a) shall apply to a person who was registered before the relevant date as they apply to a person registered on or after that date, and section 20(4) shall be construed accordingly. 18. Application for registration A person shall apply for registration as a registered social worker—(a) to the Registrar; and(b) in the specified form. 19. Acceptance and refusal of registration (1) The Board may accept or reject an application for registration or renewal of registration.(2) Where the Board accepts or rejects an application for registration or renewal of registration, the Registrar shall act in accordance with rules made by the Board.(3) Where the Board rejects an application for registration or renewal of registration, it shall notify the applicant of the rejection and the reasons therefor. 20. Expiry of registration and renewal (1) The entry in the Register of a person as a registered social worker—(a) shall remain in force for 12 months from the date when he was registered;(b) may be renewed annually by application of the person so registered.(2) A registered social worker shall apply for renewal of registration as a registered social worker—(a) to the Registrar;(b) in the specified form; and(c) not earlier than 3 months and not later than 28 days prior to the expiry of the current registration.(3) If a registered social worker does not apply for renewal of registration before the expiry of his current registration—(a) the Registrar shall, on the expiry of the current registration, note in the Register that registration has not been renewed; and(b) the person shall be deemed not to be currently on the Register from the date of expiry of his registration.(4) The Board may reject an application for renewal of registration if it is satisfied that the applicant does not continue to comply with the requirements for registration set out in section 17 (except section 17(1)(a), including that section as modified by the provisions of Schedule 1 at any time before the relevant date) and, in such case, the Board shall notify the applicant of the rejection and the reasons therefor.(5) Where a registered social worker fails to renew his registration within time, the Board may extend time for renewal of registration if the registered social worker makes an application to the Board therefor.(6) If the registration of a registered social worker has expired, the Board may require him to reapply for registration instead of renewing his registration. 21. Certificate of registration The Registrar shall issue to each registered social worker a certificate of registration or a certificate of renewal of registration in the specified form. 22. Removal of name from Register (1) The Registrar may remove the name of a registered social worker from the Register if he has notice that the social worker—(a) has died;(b) has applied to discontinue his registration;(c) has, in the opinion of the Board, ceased to be ordinarily resident in Hong Kong;(d) has failed to renew his registration;(e) was not at the time of his registration entitled to be registered;(f) failed to notify a change of details required under section 16(3); or(g) failed to serve a notice required under section 24.(2) For the purposes of subsection (1)(c), if a registered social worker has failed to reside in Hong Kong for a period of 2 years or more, the Board shall not consider him to be ordinarily resident in Hong Kong.(3) Subject to section 31(2), the Registrar shall remove a name from the Register if he receives an order of the Court of Final Appeal, the Court of Appeal or the Board directing that the name be removed from the Register. (Amended 10 of 2005 s. 111)(4) Where the Registrar intends to remove the name of a registered social worker from the Register under subsection (1)(c), (d), (e), (f) or (g), he shall send notice of his intention and the reasons therefor by prepaid registered post to the registered address of the social worker and shall not remove his name until the expiry of a period of 28 days after the date of posting the notice.(5) If the Registrar gives notice to a registered social worker that—(a) the Board is of the opinion that he is not ordinarily resident in Hong Kong and, before the Registrar acts to remove his name from the Register, the social worker satisfies the Board that he is ordinarily resident in Hong Kong;(b) he has not applied to renew his registration and, before the Registrar acts to remove his name from the Register, the social worker properly applies to renew his registration;(c) he was not at the time of his registration entitled to be registered and, before the Registrar acts to remove his name from the Register, the social worker satisfies the Board that he was entitled to be registered;(d) he has failed to notify a change in particulars required under section 16(3) and, before the Registrar acts to remove his name from the Register, the social worker takes such action as will remedy the defect in the Register; or(e) he has failed to serve a notice required under section 24 and, before the Registrar acts to remove his name from the Register, the social worker serves such notice on the Board,the Registrar shall not remove the name from the Register for the reason set out in a notice under subsection (4).(6) If the name of a registered social worker is removed from the Register, his registration is cancelled and he shall return any certificate issued in respect of his registration to the Registrar not later than 14 days after being notified thereof by the Registrar. 23. Correction of errors on Register The Registrar may correct any error apparent on the face of the Register (including any omission from the Register). 24. Duty of registered social workers to report charges and convictions A registered social worker who has, at any time on or after the date of the statutory declaration made by him pursuant to section 37(5), been charged with or convicted of any offence, whether in Hong Kong or elsewhere, shall as soon as reasonably practicable after he has been charged or convicted, as the case may be, serve a notice in writing on the Board specifying the nature of the offence in respect of which he has been charged or convicted (and notwithstanding that, in the case of a conviction for an offence, the social worker has previously served a notice under this section relating to his being charged with that offence). Part IIIA Removal of Names of Registered Social Workers Convicted of Certain Offences from Register (Part IIIA added 18 of 2024 s. 16) 24A. Board’s direction to remove names of registered social workers convicted of certain offences from Register (1) Subject to section 24B, the Board may direct the Registrar to remove a registered social worker’s name from the Register if the social worker has been convicted in Hong Kong or elsewhere of an offence that—(a) may bring the profession of social worker into disrepute; and(b) is punishable with imprisonment (whether or not the social worker was sentenced to imprisonment).(2) A direction given under subsection (1) may be a direction to remove the registered social worker’s name from the Register—(a) permanently; or(b) for a period the Board thinks fit, which must not exceed 5 years.(3) For the purposes of subsection (1), the Board may consider—(a) any record of the case in which the conviction concerned was recorded; and(b) any other relevant evidence that may show the nature and gravity of the offence of which the registered social worker concerned has been convicted.(4) If the Board has notice that a registered social worker has been convicted of an offence referred to in section 17(4)(b)(i) or (ii), the Board must, as soon as practicable after having such notice, direct the Registrar to remove the social worker’s name from the Register permanently.(5) However, in relation to a registered social worker who has been convicted of an offence referred to in section 17(4)(b)(i)(A) or (ii)(A), the Board is not required to give a direction under subsection (4) if all the members for the time being of the Board resolve, after considering all the circumstances of the case, that the social worker’s name should not be removed from the Register.(6) For subsections (1) and (4), the Board is not required to inquire whether the registered social worker concerned was properly convicted. 24B. Procedures for giving direction under section 24A(1) (1) If the Board intends to give a direction under section 24A(1) (section 24A(1) direction), the Board may direct the Registrar to serve a written notice on the registered social worker concerned stating—(a) the Board’s intention;(b) the Board’s reasons for the intention; and(c) the social worker’s right to make written representation under subsection (3).(2) The notice must be served on the social worker—(a) by delivering it personally to the social worker; or(b) by sending it by registered post to the social worker’s registered address.(3) The social worker may make written representation to the Board, within 28 days after the date on which the notice is delivered personally or sent by registered post, as to why the section 24A(1) direction should not be given.(4) The Board may give the section 24A(1) direction if—(a) the social worker does not make the written representation within the period specified in subsection (3); or(b) having considered the written representation made by the social worker under subsection (3), the Board still considers that the direction should be given. 24C. Registrar must serve notice of Board’s direction (1) As soon as practicable after the Board has given a direction under section 24A(1) or (4), the Registrar must serve a written notice on the registered social worker concerned stating—(a) the Board’s direction;(b) the Board’s reasons for the direction; and(c) the date on which the direction is carried out in accordance with section 24E.(2) The notice must be served on the social worker—(a) by delivering it personally to the social worker; or(b) by sending it by registered post to the social worker’s registered address. 24D. Registrar must publish Board’s direction (1) If the Board has given a direction under section 24A(1) or (4), the Registrar—(a) must, as soon as practicable, publish the direction in at least one English and one Chinese language newspaper circulating generally in Hong Kong; and(b) may publish the direction in any other publication or manner the Board thinks fit.(2) If the direction is varied on appeal, the Registrar—(a) must, as soon as practicable, publish the varied direction in the same manner as described in subsection (1)(a); and(b) may publish the varied direction in any other publication or manner the Board thinks fit.(3) If a direction or a varied direction is published under subsection (1) or (2), the Registrar must publish with it sufficient particulars to acquaint the public with the nature of the matter to which it relates.(4) No action in damages for defamation may lie against any person as a result of publishing a direction or a varied direction and other particulars required or permitted under this section. 24E. Registrar must carry out Board’s direction (1) The Registrar must carry out a direction given under section 24A(1) or (4) on the date on which it is published under section 24D(1)(a), whether or not an appeal is made against the direction under section 33(1)(ab).(2) If the direction is varied on appeal, the Registrar must carry out the varied direction.(3) Section 22(6) applies if the name of a registered social worker is removed from the Register because of this section. Part IV Disciplinary Proceedings 25. Disciplinary offences (1) A registered social worker commits a disciplinary offence if the social worker— (Amended 18 of 2024 s. 17)(a) commits misconduct or neglect in any professional respect;(b) has been convicted of an offence under this Ordinance;(c) has obtained registration by fraud or misrepresentation; or (Amended 18 of 2024 s. 17)(d) without reasonable excuse, refuses or fails to attend before a disciplinary committee when summoned either as a witness or as a person in respect of whom the disciplinary committee is meeting. (Amended 18 of 2024 s. 17)(e)-(f) (Repealed 18 of 2024 s. 17)(2) Subject to subsection (5), if a person who has been—(a) guilty of misconduct or neglect in any professional respect; or(b) convicted of an offence under this Ordinance,(c) (Repealed 18 of 2024 s. 17)discloses to the Board such misconduct, neglect or conviction when the person applies for registration or renewal of registration and the Board subsequently accepts the person for registration or renewal of registration, the person is not, for the purposes of registration or renewal of registration, considered as having committed a disciplinary offence in respect of the disclosed misconduct, neglect or conviction. (Amended 18 of 2024 s. 17)(3) Any complaint concerning any disciplinary offence must be made in the specified form to the Registrar who must, in accordance with rules made by the Board under section 9, submit the form to 3 members of the Board appointed by the Board for the purpose, and the members, in accordance with such rules, must refer the complaint to the Board unless— (Amended 18 of 2024 s. 17)(a) at least 2 of the members are satisfied that— (Amended 18 of 2024 s. 17)(i) the complainant has had actual knowledge of the disciplinary offence complained of for more than 2 years immediately preceding the date on which the Registrar received the complaint; and(ii) there are no special circumstances which explain the delay in making the complaint;(b) the complaint is made anonymously;(c) the complainant cannot be identified or traced;(d) the social worker the subject of the complaint has ceased to be a registered social worker;(e) the complaint, or a complaint of a substantially similar nature, has previously been inquired into by a disciplinary committee and the Board decided that the disciplinary offence complained of was not committed;(ea) at least 2 of the members are satisfied that the circumstances based on which the complaint is made are, or are substantially similar to, the circumstances constituting an offence and in respect of the conviction of the offence—(i) a written notice of the Board’s intention to give a direction under section 24A(1) has been served under section 24B(1);(ii) the Board has given a direction under section 24A(4); or(iii) the Board is not required to give a direction under section 24A(4) because of section 24A(5); (Added 18 of 2024 s. 17)(f) at least 2 of the members are satisfied that the disciplinary offence complained of is trivial; (Amended 18 of 2024 s. 17)(g) at least 2 of the members are satisfied that the complaint is frivolous or vexatious or is not made in good faith; or (Amended 18 of 2024 s. 17)(h) at least 2 of the members are satisfied for any other reason that referring the complaint to the Board is unnecessary. (Amended 18 of 2024 s. 17)(4) Where a complaint has been referred to the Board under subsection (3), the Board shall, before reaching a decision in relation to the complaint or making a disciplinary order, appoint a disciplinary committee to inquire into the complaint, to advise it whether the disciplinary offence complained of has been committed and, if so, to recommend an appropriate disciplinary order.(5) Subsection (2) shall not apply to a person who has made a disclosure referred to in that subsection to the Board before the relevant date but if, on or after that date, the Board accepts the person for registration or renewal of registration, that subsection shall apply to that person in respect of the misconduct, neglect or conviction the subject of that disclosure.(6) For the avoidance of doubt, it is hereby declared that neither subsection (2) nor subsection (5) shall prejudice the operation of section 17(5). 26. Disciplinary committee panel (1) The Board shall appoint persons (not being members of the Board) to be members of a disciplinary committee panel in accordance with the following numbers and categories—(a) not less than 12 registered social workers (category 1) who each hold a recognized degree in social work;(b) not less than 12 registered social workers (category 1) who each hold a recognized diploma in social work; and(c) not less than 10 persons who are not registered social workers.(2) A member of the panel may resign at any time by notice in writing delivered to the Board and the Board may at any time and for any reason revoke the appointment of a member of the panel.(3) An appointment under subsection (1) takes effect on the date on which the Secretary publishes a notice in the Gazette stating that the appointment has been made under that subsection. (Amended 18 of 2024 s. 18)(4) A revocation of an appointment under subsection (2) takes effect on the date on which the Secretary publishes a notice in the Gazette stating that the revocation has been made under that subsection. (Added 18 of 2024 s. 18) 27. Decision of disciplinary committee and Board on complaint, etc. (1) The Board shall, not later than 30 days after a complaint is referred to it under section 25(3), appoint the disciplinary committee required by section 25(4) in relation to the complaint.(2) The disciplinary committee shall consist of 5 members of the panel of whom—(a) not less than 3 and not more than 4 shall be registered social workers;(b) if the registered social worker against whom the complaint concerned is made is—(i) a public officer, 1 shall be a registered social worker who is a public officer and who has, in the opinion of the Board, professional experience as a social worker comparable to that of the registered social worker against whom the complaint is made;(ii) not a public officer, 1 shall be a registered social worker who is not a public officer and who has, in the opinion of the Board, professional experience as a social worker comparable to that of the registered social worker against whom the complaint is made.(3) The quorum at any meeting of the disciplinary committee shall be 3 members of whom—(a) not less than 1 shall be a person who is not a registered social worker; and(b) 1 shall be the member referred to in subsection (2)(b)(i) if the registered social worker against whom the complaint is made is a public officer or, in any other case, 1 shall be the member referred to in subsection (2)(b)(ii).(4) The members present at a meeting of the disciplinary committee may elect one of their number to preside at the meeting.(5) The disciplinary committee shall not proceed to hear evidence of a complaint concerning a disciplinary offence unless the registered social worker in respect of whom the complaint is made is given 28 days’ notice of the complaint and the date, time and place of the hearing.(6) The registered social worker referred to in subsection (5) shall be entitled—(a) to attend and hear all evidence produced at the hearing;(b) to examine any witness and documents or other evidence produced at the hearing;(c) to call any witness and produce any documents or other evidence at the hearing;

and(d) to legal representation.(7) After the disciplinary committee has reached a decision on the advice to be given to the Board as to whether the disciplinary offence complained of has been committed and any appropriate disciplinary order that it would recommend in respect of the complaint, it shall report to the Board accordingly.(8) The Board shall, after considering the disciplinary committee’s decision or recommendation, the reasons in support thereof, any evidence and findings in respect thereof and all relevant circumstances relating thereto, decide whether the disciplinary offence complained of has been committed and notify the complainant concerned of the decision and the reasons therefor.(9) Where the Board, after consideration of the advice of the disciplinary committee that a disciplinary offence has been committed or the recommendation that a certain disciplinary order should be made, is of the opinion that the complaint concerned or the recommended disciplinary order requires further investigation, it may refer the complaint back to the disciplinary committee which has reported thereon or to another disciplinary committee which the Board may appoint for further investigation, and may at the time of making such reference or thereafter give directions on matters relating to the complaint or the recommended disciplinary order on which such further investigation should be conducted.(10) Where a registered social worker is alleged to have committed a disciplinary offence under section 25(1)(b)— (Amended 18 of 2024 s. 19)(a) the disciplinary committee is not required to inquire whether the social worker was properly convicted of the alleged offence; and(b) the disciplinary committee may consider any record of the case in which a conviction was recorded and any other evidence which is relevant as showing the nature and gravity of the offence. (Amended 18 of 2024 s. 19) 28. Legal adviser The Board may appoint a legal practitioner to advise the disciplinary committee and the Board on any points of law and procedure that arise before, during or after an inquiry into an alleged disciplinary offence. 29. Power in regard to obtaining of evidence and conduct at inquiry (1) A disciplinary committee shall have power—(a) to hear, receive and examine evidence on oath;(b) to summon any person to attend the inquiry either as the person whose conduct is the subject of the inquiry or to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions;(c) to admit or exclude the public or any member of the public from the inquiry;(d) to admit or exclude the press from the inquiry;(e) to award any person summoned to attend the inquiry as a witness such sum, to be paid from the funds of the Board, as in the opinion of the disciplinary committee has been reasonably expended by him in connection with his attendance.(2) The Registrar shall sign summonses to witnesses.(3) No person shall be required to answer any question or produce any document or other thing which, in the opinion of the disciplinary committee, may tend to incriminate him.(4) A witness shall, in respect of any evidence given by him before the disciplinary committee, be entitled to the same privileges to which he would be entitled if he were giving evidence in court. 30. Disciplinary orders (1) Where the Board has decided that a registered social worker has committed a disciplinary offence, it shall—(a) order the Registrar to remove the name of the social worker from the Register permanently;(b) order the Registrar to remove the name of the social worker from the Register for such period (not being more than 5 years) as the Board thinks fit;(c) reprimand the social worker in writing and order the Registrar to record the reprimand on the Register; or(d) order that the Chairperson of the Board admonish the social worker orally.(2) (Repealed 18 of 2024 s. 20) 31. Service and implementation of disciplinary orders (1) The Registrar shall serve a copy of any decision under section 27(8) and a copy of any order made under section 30(1)(a), (b) or (c), together with a copy of the reasons of the Board, or serve notice that the Board has not found that the alleged disciplinary offence was committed, upon the registered social worker concerned, either personally or by registered post to his registered address as soon as practicable after the Board has reached its decision on whether or not the social worker committed the alleged disciplinary offence.(2) Subject to subsection (3), no disciplinary order shall be carried out before the expiry of the period for serving a notice of appeal under section 33 or, in the case of an appeal made to the Court of Appeal against the disciplinary order under that section, before the appeal is finally determined (and, if the disciplinary order is varied on appeal, the order as varied shall be carried out). (Amended 10 of 2005 s. 112)(3) A disciplinary order may be carried out before the expiry of the period for serving a notice of appeal under section 33 if—(a) the Board is satisfied that it is necessary to do so for the protection of the public or in the best interests of the registered social worker concerned; and(b) the order served on the social worker is accompanied with a copy of the reasons of the Board for being so satisfied. 32. Publication of disciplinary orders (1) After the expiry of the time within which an appeal may be made to the Court of Appeal under section 33 against a disciplinary order or, if such an appeal has been made, after the appeal is finally determined, the Board— (Amended 10 of 2005 s. 113)(a) shall, where a disciplinary order is made under section 30(1)(a), (b) or (c) and may, where any other disciplinary order is made, publish a copy of the order or, if the order is varied on appeal, the order as so varied in at least one English and one Chinese language newspaper circulating generally in Hong Kong; and(b) may publish the order or, if the order is varied on appeal, the order as so varied in any other publication or manner as the Board thinks fit. (Amended 10 of 2005 s. 113)(2) Where a disciplinary order is published under subsection (1), the Board—(a) shall publish with such order sufficient particulars to acquaint the public with the nature of the matter to which the order relates; and(b) may publish with such order an account of the proceedings of the disciplinary committee.(3) No action in damages for defamation shall lie against any person as a result of publishing a disciplinary order and other particulars required or permitted under this section. Part V Appeals 33. Appeal to Court of Appeal (1) Any person who is aggrieved by—(a) any decision made in respect of the person under section 19(1), 20(4) or 27(8);(ab) any direction given in respect of the person under section 24A(1) or (4); or (Added 18 of 2024 s. 22)(b) any disciplinary order made in respect of the person, (Amended 18 of 2024 s. 22)may appeal to the Court of Appeal.(2) The Court of Appeal may affirm, reverse or vary the decision, direction or disciplinary order appealed against. (Amended 18 of 2024 s. 22)(3) Where a person appeals against a decision of the Board under section 27(8) or a disciplinary order, the Court of Appeal shall consider the reasons of the disciplinary committee and of the Board and submissions upon the findings of fact and law of the disciplinary committee made on behalf of the parties to the inquiry and may call for the original record of the evidence taken and any document put in evidence before the disciplinary committee.(4) The Court of Appeal may, upon special grounds being shown, consider any additional evidence not adduced before the disciplinary committee.(5) (Repealed 10 of 2005 s. 109)(6) The practice in relation to any appeal shall be subject to any rules of court made under the High Court Ordinance (Cap. 4). (Amended 25 of 1998 s. 2)(7) The Court of Appeal has no power to hear any appeal against— (Amended 18 of 2024 s. 22)(a) a decision made under section 19(1), 20(4) or 27(8); (Amended 18 of 2024 s. 22)(ab) a direction given under section 24A(1) or (4); or (Added 18 of 2024 s. 22)(b) a disciplinary order,unless notice of such appeal is given within 3 months of—(i) in the case of paragraph (a), notification of the decision having been given to the person the subject of the decision;(ia) in the case of paragraph (ab), the publication of the direction under section 24D(1)(a); or (Added 18 of 2024 s. 22)(ii) in the case of paragraph (b), the service of the disciplinary order under section 31 or, where section 30(1)(d) is applicable, the date on which the admonition concerned is given.(8) In deciding any appeal under this section the Court of Appeal may make such order for payment of costs as it considers reasonable. Part VI Use of Title 34. Use of title (1) Subject to subsections (3) and (4), a person whose name does not appear on the Register shall not be entitled to use—(a) the description “registered social worker” or “註冊社會工作者”;(b) the initials “R.S.W.”; or(c) the description “social work” or “社會工作” or “social worker” or “社會工作者” or “社工”,whether in combination with any other description or any initials or otherwise, to describe his profession as being the social work profession or his social work professional qualifications.(2) The Board may apply to a judge for an order restraining any person whose name is not on the Register from contravening subsection (1).(3) Subsection (1) shall not be construed to prevent any person from stating any academic or professional qualifications where he actually possesses such qualifications, whether or not he is qualified to be registered.(4) A person who is not a registered social worker but—(a) who—(i) has provided social work service outside Hong Kong in respect of a particular case or matter; and(ii) proposes to provide that service in Hong Kong for that case or matter, as the case may be; or(b) who—(i) has provided social work service outside Hong Kong;(ii) has, by reason of substantial training and practical experience, developed expertise in the provision of that service which is not, or not generally, available amongst registered social workers; and(iii) proposes to provide that service in Hong Kong wholly or partly to demonstrate the provision of that service to registered social workers or a class of registered social worker,may use the description “social work” or “社會工作” or “social worker” or “社會工作者” or “社工”, whether in combination with any other description or initials or otherwise—(i) in connection with the social work service referred to in paragraph (a) or (b) provided by him; or(ii) subject to subsection (5), to describe his profession as being the social work profession or his social work professional qualifications.(5) Subsection (4)(ii) shall cease to apply to a person upon the expiration of 6 months immediately following the person’s entry into Hong Kong in connection with the social work service referred to in subsection (4)(a) or (b) provided by him unless the Board in his case extends or further extends that period in writing.(6) For the avoidance of doubt, it is hereby declared that—(a) subsection (4) shall not prejudice the operation of subsection (1)(a) or (b);(b) where subsection (4)(ii) has applied to a person, subsection (5) shall not operate to prevent subsection (4)(ii) from again applying to the person if he re-enters Hong Kong in connection with a social work service—(i) referred to in subsection (4)(a) or (b) provided by him; and(ii) which is different from the social work service referred to in subsection (4)(a) or (b) which was provided by him the last time subsection (4)(ii) applied to him. Part VII Offences and Evidence 35. Offences and penalties Any person who—(a) having been summoned by a disciplinary committee to attend as a witness or to provide a document or other thing under section 29(1)(b) without reasonable excuse refuses or fails to do so;(b) attends as a witness before a disciplinary committee and, without lawful excuse, refuses or fails to answer any question put to him by the disciplinary committee;(c) fraudulently obtains registration as a registered social worker, registered social worker (category 1) or registered social worker (category 2) for himself or any other person;(d) obtains registration as a registered social worker, registered social worker (category 1) or registered social worker (category 2) for himself or any other person by means of any misleading, false or fraudulent representation or statement, either oral or in writing;(e) makes or causes to be made any falsification in the Register;(f) impersonates or falsely represents himself as being the person referred to in any certificate or document presented to the Board or a disciplinary committee in connection with its functions under this Ordinance;(g) falsely takes or uses any name, initials, title, addition or description indicating that his name is entered in the Register;(h) not being a registered social worker (but without prejudice to the operation of section 34(3) and (4)), knowingly permits the use of, or uses, in connection with his business or profession—(i) the description “registered social worker” or “註冊社會工作者”;(ii) the initials “R.S.W.”;(iii) the description “social work” or “社會工作” or “social worker” or “社會工作者” or “社工”; or(iv) any initials or abbreviations of words intended to cause, or which may reasonably cause, any person to believe that the person using the initials or abbreviations, as the case may be, is on the Register;(i) not being on the Register, advertises or represents himself as a registered social worker or knowingly permits himself to be so advertised or represented;(j) holds himself out to be ordinarily resident in Hong Kong at the time of making application for registration when he is not so ordinarily resident; or(k) without reasonable excuse, refuses or fails to return his certificate to the Registrar in accordance with section 22(6),commits an offence and is liable on conviction to a fine at level 5 and, in the case of paragraph (c), (d), (e) or (f), to imprisonment for 1 year. 36. Certificate as evidence A certificate, purporting to be signed by the Registrar, that the name of a person has or has not been entered in or has been removed from the Register shall for all purposes, without further proof, be evidence of the facts stated in the certificate. Part VIII Miscellaneous 37. Power of Board to specify forms (1) Subject to subsection (2), the Board may specify the form of any document required under this Ordinance to be in the specified form and the form of such other documents required for the purposes of this Ordinance as it thinks fit.(2) The Board’s power under subsection (1) shall be subject to any express requirement under this Ordinance for a form, whether specified or otherwise, to comply with that requirement, but that requirement shall not restrict the exercise of that power in respect of that form to the extent that, in the opinion of the Board, its exercise of that power in respect of that form does not contravene that requirement.(3) For the avoidance of doubt, it is hereby declared that the Board’s power under subsection (1) may be exercised in such a way as to—(a) include (whether by way of attachment or otherwise) in the specified form of any document referred to in that subsection a statutory declaration—(i) to be made by the person completing the form; and(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief;(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the Board thinks fit.(4) A form specified under this section shall be—(a) completed in accordance with such directions and instructions as are specified in the form;(b) accompanied by such documents as are specified in the form; and(c) if the completed form is required to be provided to the Board or any other person, so provided in the manner, if any, specified in the form.(5) The Board shall exercise its power under this section in such a way as to require a person seeking to be registered as a registered social worker to make a statutory declaration as to—(a) whether he has been convicted of any offence, whether in Hong Kong or elsewhere;(b) if he has been so convicted, the nature of each such offence.(6) In this section, document (文件) includes any accounts, application, notice and certificate. 38. Fees (1) The Board may, subject to any directions given to it under subsection (4), determine the fee payable for any relevant matter.(2) The Board may, in a determination under subsection (1), subject to any directions given to it under subsection (4), specify, either generally or specifically, the circumstances in which, and by whom, a fee for any relevant matter may be reduced, waived or refunded, in whole or in part.(3) Where the Board has made a determination under subsection (1), it shall, after consultation with the Secretary, as soon as practicable, and subject to any directions given to it under subsection (4), publish a copy of the determination in at least one English and one Chinese language newspaper circulating generally in Hong Kong.(4) The Secretary may give directions in writing of a general or specific character to the Board in relation to the exercise of its power under subsection (1) or (2), or the performance of its function under subsection (3), and the Board shall comply with those directions.(5) The Board and the Registrar may each refuse to carry out any relevant matter for which any fee (including part of any fee) specified in a determination under subsection (1) remains unpaid.(6) In this section, relevant matter (有關事宜) means— (a) the correction of the Register, whether pursuant to a notice under section 16(3) or otherwise; (b) the provision of a copy of any part of the Register; (c) an application for registration as a registered social worker; (d) an application for renewal of the registration of a registered social worker; (e) an application for the renewal of the registration of a registered social worker received later than 28 days prior to the expiry of the current registration; (f) the extension of the time for renewal of the registration of a registered social worker; (fa) the restoration of a name to the Register following the carrying out of a direction under section 24A(1); (Added 18 of 2024 s. 23) (g) the restoration of a name to the Register following the carrying out of a disciplinary order under section 30(1)(b); (h) the extension or further extension of the period specified in section 34(5) in the case of social work service referred to in section 34(4)(a) or (b) provided by a person; (i) the replacement of a certificate of registration which has been lost, defaced or destroyed; (j) any other matter specified under subsection (7) for the purposes of this definition. (7) The Secretary may, by notice published in the Gazette, specify a matter for the purposes of the definition of relevant matter. (Amended 18 of 2024 s. 23)(8) For the avoidance of doubt, it is hereby declared that a notice under subsection (7) is subsidiary legislation.(9) The amount of any fee determined under subsection (1) shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in relation to providing the relevant matter to which such fee relates, and different fees may be so determined for the same relevant matter in order to provide for particular circumstances or particular cases specified in the determination concerned made under that subsection. 39. Amendment of Schedules 1, 2 and 3 (Amended 18 of 2024 s. 24)(1) The Chief Executive in Council may by notice published in the Gazette amend Schedule 1. (Amended 37 of 2000 s. 3)(2) The Secretary may by notice published in the Gazette amend Schedules 2 and 3.(Amended 18 of 2024 s. 24) 40. Savings and transitional provisions relating to Social Workers Registration (Amendment) Ordinance 2024 Schedule 5 provides for the savings and transitional provisions relating to the Social Workers Registration (Amendment) Ordinance 2024 (18 of 2024).(Added 18 of 2024 s. 25) Schedule 1 [ss. 4(8), 8(2), 12(2)(c), 20(4) & 39(1)](Amended 18 of 2024 s. 26)Provisions with respect to Board and Committees and their Members, etc. Board and members of Board 1. (Repealed 18 of 2024 s. 26) 2. Members of Board to disclose interests in respect of certain contracts (1) A member of the Board who is in any way directly or indirectly interested in a contract made or proposed to be made by—(a) the Board;(b) a committee; or(c) an employee or agent of the Board,shall disclose the nature of his interest at a meeting of the Board.(2) The Board shall record the disclosure in the minutes of the meeting of the Board.(3) A member who has an interest in a contract referred to in subsection (1)—(a) shall not without the permission of the Chairperson or other member presiding take any part in any deliberation of the Board with respect to that contract; and(b) shall not in any event vote on any matter concerning it.(4) For the purposes of subsection (1), a member may give a notice in writing at a meeting of the Board to the effect that he is a member of a company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with the company or firm and the notice shall be regarded as a sufficient disclosure of his interest in relation to any contract so made or proposed to be so made.(5) A member of the Board need not attend in person at a meeting of the Board to make a disclosure which he is required to make under this section if he takes reasonable steps to secure that the disclosure is made by a notice in writing which is brought up and read at the meeting. 3. Voting All matters for determination at a meeting of the Board shall be decided by a majority of votes of the members present and voting and where there is an equality of votes the Chairperson or other member presiding shall have a casting vote in addition to his original vote. 4. Fixing of seal of Board The fixing of the seal of the Board shall be—(a) authorized by the Board; and(b) authenticated by the signatures of—(i) the Chairperson; and(ii) any other member of the Board authorized by the Board, either generally or specifically, to act for that purpose. 5. Documents of Board (1) The Board may make and execute any document in the performance of its functions or the exercise of its powers or in connection with any matter reasonably incidental to or consequential upon the performance of its functions or the exercise of its powers.(2) Any document purporting to be executed under the seal of the Board shall be admitted in evidence and shall, in the absence of evidence to the contrary, be deemed to have been duly executed. 6. Certain documents not required to be sealed Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Board by any member of the Board generally or specifically authorized by the Board for that purpose. 7. Procedure of Board Subject to the provisions of this Schedule, the Board shall have power to regulate its own procedure including the manner in which decisions of the Board may be made by a quorum of its members otherwise than at a meeting of the Board.Committees and members of committees 8. Members of committees The Board—(a) may appoint members of the Board, and persons who are not such members, to be members of a committee other than a disciplinary committee; and(b) shall appoint the chairperson of a committee and determine the number of members of a committee. 9. Members of committee to disclose interests in respect of certain contracts (1) A member of a committee who is in any way directly or indirectly interested in a contract made or proposed to be made by—(a) the Board;(b) the committee; or(c) an employee or agent of the Board,shall disclose the nature of his interest at a meeting of the committee.(2) The committee shall record the disclosure in the minutes of the meeting of the committee.(3) A member who has an interest in a contract referred to in subsection (1)—(a) shall not without the permission of the chairperson of the committee or other member presiding take any part in any deliberation of the committee with respect to that contract; and(b) shall not in any event vote on any matter concerning it.(4) For the purposes of subsection (1), a member may give a notice in writing at a meeting of a committee to the effect that he is a member of a company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with the company or firm and the notice shall be regarded as a sufficient disclosure of his interest in relation to any contract so made or proposed to be so made.(5) A member of a committee need not attend in person at a meeting of the committee to make a disclosure which he is required to make under this section if he takes reasonable steps to secure that the disclosure is made by a notice in writing which is brought up and read at the meeting.Resources of Board(Amended 18 of 2024 s. 26) 10. Resources of Board (1) The resources of the Board consist of— (Amended 18 of 2024 s. 26)(a) (Repealed 18 of 2024 s. 26)(b) all money and property, including gifts, donations, fees, rent, interest and accumulations of income received by the Board. (Amended 18 of 2024 s. 26)(2) (Repealed 18 of 2024 s. 26) 11-12. (Repealed 18 of 2024 s. 26)Delegations 13. Provision not subject to section 12(1) Section 8 of this Schedule is not subject to section 12(1).(Replaced 18 of 2024 s. 26) Schedule 2 [ss. 17(4)(b) & 39(2)]Offences Specified for Purposes of Section 17(4)(b)(i)(A) (Amended 18 of 2024 s. 27) 1. An offence under the following section of the #Affiliation Proceedings Ordinance (Cap. 183)— Section Description* 16(b) ill-treating a child Editorial Note: # Cap. 183 was repealed by section 79 of the Law Reform (Miscellaneous Provisions and Minor Amendments) Ordinance 1997 (80 of 1997). 2. An offence under any of the following sections of the Crimes Ordinance (Cap. 200)— Section Description* 47 incest by men 48 incest by women of or over 16 118 rape 118A non-consensual buggery 118B assault with intent to commit buggery 118C homosexual buggery with or by a man under 16 (Amended 18 of 2014 s. 12) 118D buggery with a girl under 21 118E buggery with a mentally incapacitated person (Amended 21 of 2020 s. 65) 118F (Repealed 18 of 2014 s. 12) 118G procuring others to commit homosexual buggery 118H gross indecency with or by a man under 16 (Amended 18 of 2014 s. 12) 118I gross indecency by a man with a male mentally incapacitated person (Amended 21 of 2020 s. 65) 118J gross indecency by a man with another man otherwise than in private 118K procuring gross indecency by a man with another man 118L bestiality 119 procurement of an unlawful sexual act by threats or intimidation 120 procurement of an unlawful sexual act by false pretences 121 administering drugs so as to enable a third person to do an unlawful sexual act 122 indecent assault 123 sexual intercourse with a girl under 13 124 sexual intercourse with a girl under 16 (if, but only if, the offender was more than 18 years of age at the time of the offence) 125 sexual intercourse with a woman who is a mentally incapacitated person (Amended 21 of 2020 s. 65) 126 abduction of an unmarried girl under 16 127 abduction of an unmarried girl under 18 for sexual intercourse 128 abduction of a mentally incapacitated person for an unlawful sexual act (Amended 21 of 2020 s. 65) 129 trafficking in persons for the purpose of prostitution 130 control over persons for the purpose of unlawful sexual acts or prostitution 131 causing prostitution 132 procurement of a girl under 21 to have sexual intercourse 133 procurement of a woman who is a mentally incapacitated person to have sexual intercourse (Amended 21 of 2020 s. 65) 134 detention of a person for an unlawful sexual act or in a vice establishment 135 causing or encouraging the prostitution of, an unlawful sexual act with, or indecent assault on a girl or boy under 16 136 causing or encouraging the prostitution of a mentally incapacitated person (Amended 21 of 2020 s. 65) 137 living on earnings of prostitution of others 138A use, procurement or offer of persons under 18 for making pornography or for live pornographic performances (Added 31 of 2003 s. 26) 139 keeping a vice establishment 140 permitting a girl or boy under 13 to resort to or be on premises for prostitution or an unlawful sexual act 141 permitting a young person to resort to or be on premises or vessel for the purpose of sexual intercourse, prostitution, buggery or a homosexual act 142 permitting mentally incapacitated person to resort to or be on premises or vessel for intercourse, prostitution or homosexual act (Amended 21 of 2020 s. 65) 146 indecent conduct towards a child under 16 147 soliciting for an immoral purpose 148 indecency in public 153Q(1) arrangement relating to commission against a child of act outside Hong Kong that offends Schedule 2 provision (Added 31 of 2003 s. 26) For the avoidance of doubt, where an offence under a section of the Crimes Ordinance (Cap. 200) may, by virtue of section 153P of that Ordinance, be constituted by an act committed outside Hong Kong, a reference in this item to an offence under that section includes a reference to an offence so constituted. (Added 31 of 2003 s. 26) (Amended E.R. 1 of 2015) 3. An offence under any of the following sections of the Offences against the Person Ordinance (Cap. 212)— Section Description* 2 murder 5 conspiring or soliciting to commit murder 7 manslaughter 10 administering poison or wounding with intent to commit murder 11 destroying or damaging building with intent to commit murder 12 setting fire to or casting away ship with intent to commit murder 13 attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder 14 attempting to commit murder by means not specified 15 sending letter threatening to murder 17 shooting or attempting to shoot, or wounding or striking with intent to do grievous bodily harm 19 wounding or inflicting grievous bodily harm 20 attempting to choke, etc., in order to commit indictable offence 21 using chloroform, etc., in order to commit indictable offence 22 administering poison, etc., so as to endanger life or inflict grievous bodily harm 23 administering poison, etc., with intent to injure, etc. 26 exposing a child whereby his or her life is endangered 27 ill-treatment or neglect by those in charge of a child or young person 29 causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm 30 placing gunpowder near building, etc., with intent to do bodily injury 31 setting spring gun, etc., with intent to inflict grievous bodily harm 42 forcible taking or detention of a person with intent to sell him or her 43 stealing a child under 14 years 44 unlawful transfers of possession, custody or control of other persons for valuable consideration 47B child destruction 47C infanticide 4. An offence under any of the following sections of the Protection of Children and Juveniles Ordinance (Cap. 213)— Section Description* 26 abduction of child or juvenile 42 assisting escape of child or juvenile from custody or control 5. (Repealed 18 of 2024 s. 27) * Note: The short description of offences in this Schedule is for ease of reference only. Schedule 3 [ss. 17 & 39]Offences Specified for Purposes of Section 17(4)(b)(i)(B) (Schedule 3 added 18 of 2024 s. 28) 1. An offence endangering national security Schedule 4 [s. 2]Board Member Oath (Schedule 4 added 18 of 2024 s. 28) I, ....................................................................... (name of oath-taker), swear that, being a member of the Social Workers Registration Board, I will uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, and bear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China. Schedule 5 [s. 40]Savings and Transitional Provisions relating to Social Workers Registration (Amendment) Ordinance 2024 (Schedule 5 added 18 of 2024 s. 28) 1. Interpretation In this Schedule—Amending Ordinance (《修訂條例》) means the Social Workers Registration (Amendment) Ordinance 2024 (18 of 2024);material date (關鍵日期) means the date on which this Schedule comes into operation*;pre-amended Ordinance (《原有條例》) means this Ordinance as in force immediately before the material date. Editorial Note: * Commencement date: 5 July 2024. 2. Chairperson and Deputy Chairperson of Board and transaction of business of Board (1) At the beginning of the material date—(a) the person who held the office of the Chairperson of the Board immediately before the material date ceases to hold that office;(b) the person who held the office of the Deputy Chairperson of the Board immediately before the material date ceases to hold that office; and(c) the offices of the Chairperson and Deputy Chairperson of the Board become vacant.(2) Beginning on the material date, despite any other provisions of this Ordinance, the Board may not transact any business until—(a) a member of the Board is appointed by the Chief Executive to be the Chairperson; and(b) a member of the Board is appointed by the Chief Executive to be the Deputy Chairperson.(3) A person appointed under subsection (2) is taken to be appointed under section 4(5). 3. Pre-existing complaint concerning disciplinary offence pending decision of referral (1) Subsection (2) applies if, before the material date—(a) a form in which a complaint concerning a disciplinary offence is made has been submitted to 2 members of the Board (pre-existing members) under section 25(3) of the pre-amended Ordinance; and(b) the pre-existing members have not decided whether to refer the complaint to the Board under that section.(2) On or after the material date—(a) the Registrar must, as soon as practicable, in accordance with the rules made by the Board under section 9, submit the form referred to in subsection (1)(a) to 1 additional member of the Board (additional member) appointed by the Board for the purposes of section 25(3); and(b) the additional member and the pre-existing members together must act under section 25(3). 4. Pre-existing complaint concerning disciplinary offence referred under section 25(3) of pre-amended Ordinance (1) This section applies if, before the material date—(a) a registered social worker—(i) has been convicted in Hong Kong or elsewhere of an offence that—(A) may bring the profession of social worker into disrepute; and(B) is punishable with imprisonment (whether or not the social worker was sentenced to imprisonment); or(ii) has been convicted of an offence referred to in section 17(4)(b)(i) or (ii) of the pre-amended Ordinance;(b) a complaint concerning a disciplinary offence under section 25(1)(e) or (f) of the pre-amended Ordinance has been made in relation to the conviction of an offence mentioned in paragraph (a)(i) or (ii) (pre-existing complaint), irrespective of whether the pre-existing complaint also concerns any disciplinary offence under section 25(1)(a), (b), (c) or (d); and(c) the pre-existing complaint has been referred to the Board under section 25(3) of the pre-amended Ordinance.(2) If, before the material date, the Board has not appointed a disciplinary committee in accordance with section 27(1) in relation to the pre-existing complaint—(a) if the pre-existing complaint only concerns a disciplinary offence under section 25(1)(e) or (f) of the pre-amended Ordinance, on or after the material date—(i) despite section 27(1), the Board must not appoint a disciplinary committee in relation to the pre-existing complaint; and(ii) the pre-existing complaint is not to be further dealt with; or(b) otherwise, on or after the material date—(i) the Board must appoint a disciplinary committee in accordance with section 27(1) in relation to the pre-existing complaint; and(ii) the disciplinary committee appointed under subparagraph (i) may only inquire into the pre-existing complaint in so far as it concerns a disciplinary offence under section 25(1)(a), (b), (c) or (d).(3) To avoid doubt, subsection (2) does not affect the application of Part IIIA in relation to the conviction of an offence mentioned in subsection (1)(a)(i) or (ii) in relation to which the pre-existing complaint has been made.(4) If, before the material date, the Board has appointed a disciplinary committee in accordance with section 27(1) in relation to the pre-existing complaint, on or after the material date—(a) Part IV of the pre-amended Ordinance continues to apply in relation to the pre-existing complaint and the proceedings arising from that complaint as if the Amending Ordinance had not been enacted; and(b) Part IIIA does not apply in relation to the conviction of an offence mentioned in subsection (1)(a)(i) or (ii) in relation to which the pre-existing complaint has been made.