The updated work report and Audited Accounts of the Board are as follows:

Last year, the Board noticed that a social worker had been denied entry into Macau when she went there with her family for leisure.  The Board later received a letter each from the Hong Kong Social Workers' General Union and Ms. YEUNG Pui-yan, the registered social worker (RSW) involved in the incident, both asking the Board to follow up the matter.  In this connection, the Board had issued a letter to the Security Bureau to express its concern and enquire about the details of the incident, and the Security Bureau had replied the Board's letter.  After obtaining consent from the parties concerned, the Board now posts below in chronological order the letters issued by the Hong Kong Social Workers' General Union, Ms. Yeung, the Board, and the Security Bureau for the reference of RSWs and the public.

The Advisory Committee on Social Work Training and Manpower Planning, an advisory body on the education and training of social workers, notes that in the newly released Guidelines on Code of Practice for Registered Social Workers, the Social Workers Registration Board (SWRB) recommends social workers to attend professional enhancement activities of not less than 24 hours a year aiming at upgrading their professional skills and knowledge. The committee believes that the social work profession is a progressive profession that strives for improvement and excellence. Like other professions that share the mission of enhancing the well-being of the community, the social work profession, in view of the rapid changes in Hong Kong, should be aware of the need to refresh and consolidate the existing knowledge and practice through training and should also constantly upgrade and advance itself to better serve the community and facilitate positive social development. Social workers, being professionally trained, should always keep themselves abreast of the changes impacting on the community and the profession, and explore new approaches in discharging their competence to meeting the new and changing demands on, and the rising expectation of the profession.

As stipulated in the Reform Proposals for the Education System in Hong Kong issued by the Education Commission in September 2000, Hong Kong needs to develop into a society that values lifelong learning. Everyone should have the attitude and ability for lifelong learning and a willingness to advance further beyond the existing knowledge level, and to continuously consolidate and upgrade their knowledge and ability. Continuing education is therefore crucial for the social work profession in facing the challenges ahead.

The Committee considers that now is the opportune time to promote continuing professional development among social workers, and strongly supports the recommendation of the SWRB that social workers should attend professional enhancement activities of not less than 24 hours a year.

The Board has recently received enquiries from RSWs seeking clarification on the interpretation of section 35 of the Social Workers Registration Ordinance and the interpretation of the Judgement handed down by Mr. Justice Stone on the judicial review sought by en ex-social worker. After seeking legal advice, the Board has issued a reply which is extracted hereunder for general information:-

Interpretation of the Ordinance

   1. Under section 35 of the Ordinance,
      "Any person who-
      ...

         (h) not being a registered social worker...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 abbreviation 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;
          ...
          commits an offence and is liable on conviction to a fine at level 5..."

2. According to the afore-quoted section of the Ordinance, a person who is not registered under the Ordinance but describes himself as a "registered social worker", or "social worker", or uses the description of "social work", or permits the use of these terms with his rank title, is liable to be prosecuted.

3. A non registered person practicing social work or occupying the post of a social worker would have, if not directly used, permitted the use of the term "social work", or even "registered social worker" in his rank title in the course of his job, and therefore might trigger section 35 of the Ordinance.

4. The Board is fully aware that aware that any use of the terms "social work" or "social worker" etc. will not constitute an offence under the Ordinance if such use is within sections 34(3) and (4) of the Ordinance, i.e. using the terms "social work" etc. to describe his academic qualification or past working experience (as envisaged by section 34(3) and (4) of the Ordinance). However, such exceptions will not apply to the situation which a person actually practices social work by engaging a social worker's post.

5. The Board is also fully aware that it is not a statutory requirement for person to any person to register under the Ordinance provided always that such person does not describe himself or permit himself if to be described in connection with the terms "social work", "social worker" etc.


Interpretation of the Judgment delivered by Mr. Justice Stone


6. The Board appreciates that Mr. Justice Stone has clarified that the Ordinance dose impose a statutory requirement for all social workers to register. The Bored also notes that Mr. Justice Stone has clarified how an unregistered social worker could be held liable of a criminal offence under the Ordinance.:-

      "...it is plain on a fair reading of the sequence of correspondence that the criminal aspect which was principally arousing concern lay not in failure to register per se but in the event that social workers in the relevant grades continued to use their rank titles in the course of their jobs absent such registration" (page 19)


7. It is under such circumstances that a social worker who fails to register or fails to renew his registration status whilst practicing social work and occupying social work post may trigger section 35 under the Ordinance.

On 3 December 1999 the Court has handed down its judgement on the judicial review sought by Miss Cheung Man-wai, Florence. The Court's judgement is posted on the Homepage for your information.