GUARDIANSHIP OF MINORS ORDINANCE

GUARDIANSHIP OF MINORS ORDINANCE

LAWS OF HONG KONG

GUARDIANSHIP OF MINORS ORDINANCE

CHAPTER 13

Op

REVISED EDITION 1986

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 13

GUARDIANSHIP OF MINORS ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

PART 1

PRELIMINARY

1. Short title....................... ... ... ... ... ... ... ... ... 3

2. Interpretation.................. ... ... ... ... ... ... ... ... ... ... 3

PART II

GENERAL
PRINCIPLES

3. General principles.............. ... ... ... ... ... ... ... ... ... ... 3

4. Unenforceability of agreements to give up parental rights ... ... ... ... ... 4

PART III

APPOINTMENT, REMOVAL AND POWERS OF
GUARDIANS

5.........................Rights of surviving parent as to guardianship ... ... ... ... ... ... ... 4

6..............................Power of parent to appoint testamentary guardians ... ... ... ... ... 5

7. Power of court to appoint guardian for minor having no parent, etc. 5

8..............................Power of High Court to remove or replace guardian ... ... ... ... ... 5

9.....................Disputes between joint guardians ... ... ... ... ... ... ... 5

PART IV

ORDERS FOR CUSTODY AND
MAINTENANCE

10. Orders for custody and maintenance on application of either parent ... ... ... 6

11. Orders for custody and maintenance where person is guardian to exclusion of

surviving parent ...................... ... ... ... ... ... ... ... 7

12....................................Orders for custody and maintenance where joint guardians disagree ... ... 7

13...........................Jurisdiction and orders on application under s. 10 ... ... ... ... ... ... 8

14.........................Additional provisions as to supervision orders ... ... ... ... ... ... ... 9

15. Additional provisions as to order committing care of minor to Director of Social

Welfare .................................. ... .. 1 ... ... ... ... 10

16.........................Additional provisions as to interim orders ... ... ... ... ... ... ... 10
17.........................Evidence on applications under s. 10 or 14(2) ... ... ... ... ... ... ... 10

18..............Powers of guardians .......... ... ... ... ... ... ... ... ... ... ... 11







19.................................Person subject to maintenance order to notify change of address ... ... ... 11

20...........................Attachment of pension or income to satisfy order ... ... ... ... ... ... 11

PART V

ILLEGITIMATE
CHILDREN

21....................Application to illegitimate children ... ... ... ... ... ... ... ... ... 12





Section Page
PART VI

JURISDICTION, PROCEDURE AND
APPEALS

22. District Court's jurisdiction... ... ... ... ... ... ... ... ... ... ...
23. Procedure in District Court ... ... ... ... ... ... ... ... ... ... ... 12
24. Removal to High Court . ... ... ... ... ... ... ... ... ... ... ... ... 13
25. Saving for powers of High Court ... ... ... ... ... ... ... ... ... ... 13
26. Jurisdiction over persons not domiciled in Hong Kong ... ... ... ... ... ... 13





CHAPTER 13

GUARDIANSHIP OF MINORS

To consolidate and amend the law relating to the guardianship of
minors.

[17 February 1977.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Guardianship of
Minors Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'court' means the High Court or the District Court;

'maintenance' includes education;

'parent' means father or mother.

PART 11

GENERAL PRINCIPLES

3. (1) In relation to the custody or upbringing of a minor,
and in relation to the administration of any property belonging to or
held in trust for a minor or the application of the income of any such
property-

(a)in any proceedings before any court (whether or not a
court as defined in section 2) the court-
(i) shall regard the welfare of the minor as the first and
paramount consideration and in having such regard shall
give due consideration to-
(A)the wishes of the minor if, having regard to the
age and understanding of the minor and to the
circumstances of the case, it is practicable to do
so; and
(B)any material information including any report of
the Director of Social Welfare available to the
court at the hearing; and
(ii) shall not take into consideration whether, from any
other point of view, the claim of the father, in respect of
such custody, upbringing, administration or application is
superior to that of the mother, or the claim of the mother is
superior to that of the father;(Replaced, 69 of 1982, s. 2)





(b)a mother shall have the same rights and authority as the law
allows to a father, and the rights and authority of mother and
father shall be equal and be exercisable by either without the
other.

(2) Paragraphs (a)(ii) and (b) of subsection (1) shall not apply in
relation to a minor who is illegitimate. (Replaced, 69 of 1982, s. 2)

4. (1) An agreement for a man or woman to give up in whole or in
part, in relation to any child of his or hers, the rights and authority
referred to in section 3 shall be unenforceable, except that an agreement
made between husband and wife which is to operate only during their
separation while married may, in relation to a child of theirs, provide for
either of them to do so; but no such agreement between husband and
wife shall be enforced by any court if the court is of opinion that it will
not be for the benefit of the child to give effect to it.

(2) Where a minor's father and mother disagree on any question
affecting his welfare, either of them may apply to the court for its
direction, and subject to subsection (3) the court may make such order
regarding the matters in difference as it may think proper.

(3) Subsection (2) shall not authorize the court to make any order
regarding the custody of a minor or the right of access to him of his
father or mother.

(4) An order under subsection (2) may be varied, discharged,
suspended or revived after being so suspended by a subsequent order
made on the application of either parent or, after the death of either
parent, on the application of any guardian or (before or after the death
of either parent) on the application of any other person having the
custody of the minor. (Amended, 65 of 1986, s. 2)

(5) Nothing in this section shall affect the operation of any
enactment requiring the consent of both parents in a matter affecting a
minor, or be taken as applying in relation to a minor who is illegitimate.

PART Ill

APPOINTMENT, REMOVAL AND POWERS OF GUARDIANS

5. On the death of a parent of a minor, the surviving parent, if any,
shall, subject to this Ordinance, be guardian of the minor either alone or
jointly with any guardian appointed by the deceased parent; and

(a)where no guardian has been appointed by the deceased
parent; or

(b)in the event of the death or refusal to act of the guardian or
guardians appointed by the deceased parent,

the court may, if it thinks fit, appoint a guardian to act jointly with the
surviving parent.





6. (1) A parent of a minor may by deed or will appoint any
person to be guardian of the minor after his death.

(2) Any guardian so appointed shall act jointly with the sur-
viving parent, if any, unless the surviving parent objects to his so
acting.

(3) If the surviving parent so objects, or if the guardian so
appointed considers that the surviving parent is unfit to have the
custody of the minor, the guardian may apply to the court, and the
court may either-

(a)refuse to make any order (in which case the surviving
parent shall remain sole guardian); or

(b) make an order that the guardian so appointed-
(i) shall act jointly with the surviving parent; or
(ii) shall be the sole guardian of the minor.

(4) Where guardians are appointed by both parents, the guard-
ians so appointed shall, after the death of the surviving parent, act
jointly.

(5) If under section 5 a guardian has been appointed by the
court to act jointly with the surviving parent, he shall continue to
act as guardian after the death of the surviving parent; but, if the
surviving parent has appointed a guardian, the guardian appointed
by the court shall act jointly with the guardian appointed by the
surviving parent.

(6) The court may authorize a guardian who is not a parent
of the minor who is his ward to be paid such remuneration for his
services as guardian as the court may think fit.

7. Where a minor has no parent, no guardian of the person,
and no other person having parental rights with respect to him, the
court, on the application of any person, may, if it thinks fit, appoint
the applicant to be the guardian of the minor.

8. The High Court may, in its discretion, on being satisfied
that it is for the welfare of the minor, remove from his office
any testamentary guardian or any guardian appointed or acting by
virtue of this Ordinance, and may also, if it deems it to be for the
welfare of the minor, appoint another guardian in place of the
guardian so removed.

9. Where 2 or more persons act as joint guardians of a minor
and they are unable to agree on any question affecting the welfare of
the minor, any of them may apply to the court for its direction, and
the court may make such order regarding the matters in difference as
it may think proper.





PART IV

ORDERS FOR CUSTODY AND
MAINTENANCE

10. (1) The court may, on the application of either of the parents of
a minor (who may apply without next friend) or the Director of Social
Welfare, make such order regarding--(Amended, 65 of 1986, s. 3)

(a) the custody of the minor; and

(b) the right of access to the minor of either of his parents,

as the court thinks fit having regard to the welfare of the minor and to
the conduct and wishes of the parents.

(2) Where the court makes an order under subsection (1) giving the
custody of the minor to any person (whether or not one of the parents),
the court may make one or both of the following orders, that is to say-
(Amended, 65 of 1986, s. 3)

(a)an order requiring payment to that person by the parent or
either of the parents excluded from having that custody of
such lump sum (whether in one amount or by instalments) for
the immediate and non-recurring needs of the minor or for the
purpose of enabling any liabilities or expenses reasonably
incurred in maintaining the minor before the making of the
order to be met, or for both, as the court thinks reasonable
having regard to the means of that parent; (Added, 65 of 1986, s.
3)

(b)an order requiring payment to that person by the parent or
either of the parents excluded from having that custody of
such periodical sum towards the maintenance of the minor as
the court thinks reasonable having regard to the means of that
parent. (Added, 65 of 1986,s. 3) 3)

(3) An order may be made under subsection (1) or (2)
notwithstanding that the parents of the minor are then residing
together, but

(a)no such order shall be enforceable, and no liability thereunder
shall accrue, while they are residing together; and

(b)any such order shall cease to have effect if for a period of 3
months after it is made they continue to reside together:

Provided that, unless the court in making the order directs
otherwise, paragraphs (a) and (b) shall not apply to any provision of the
order giving the custody of the minor to a person other than one of the
parents or made with respect to a minor of whom custody is so given.

(4) An order under subsection (1) or an order under subsection (2)
(other than an order for a lump sum payment in one amount or for a
lump sum to be paid in instalments where all such instalments have
been paid) may be varied, discharged, suspended





or revived after being so suspended, by a subsequent order made on
the application of either parent or after the death of either parent on the
application of any guardian under this Ordinance, or (before or after the
death of either parent) on the application of any other person having
the custody of the minor by virtue of an order under subsection (1).
(Amended, 65 of 1986, s. 3)

11. (1) Where the court makes an order under section 6(3)(b)(ii)
that a person shall be the sole guardian of a minor to the exclusion of
his surviving parent, the court may

(a) make such order regarding-

(i) the custody of the minor; and

(ii) the right of access to the minor of his surviving parent,

as the court thinks fit, having regard to the welfare of the
minor; and

(b) make one or both of the following orders, that is to say

(i) an order requiring the surviving parent to pay to the
guardian such lump sum (whether in one amount or by
instalments) for the immediate and non-recurring needs of the
minor, or for the purpose of enabling any liabilities or
expenses reasonably incurred in maintaining the minor before
the making of the order to be met, or for both, as the court
thinks reasonable having regard to the means of the surviving
parent;

(ii) an order requiring the surviving parent to pay to the
guardian such periodical sum towards the maintenance of the
minor as the court thinks reasonable having regard to the
means of the surviving parent. (Replaced, 65 of 1986, s. 4)

(2) The powers conferred by subsection (1) may be exercised at
any time and include power to vary, discharge or suspend any order
(other than an order for a lump sum payment in one amount or for a
lump sum to be paid in instalments where all such instalments have
been paid) previously made under that subsection or to revive any
order so suspended. (Amended, 65 of 1986, s. 4)

12. The powers of the court under section 9 shall, where one of the
joint guardians is the surviving parent of the minor, include power

(a) to make such order regarding

(i) the custody of the minor; and

(ii) the right of access to the minor of his surviving parent,

as the court thinks fit having regard to the welfare of the
minor;





(b)to make one or both of the following orders, that is to say

(i) an order requiring the surviving parent to pay such lump
sum (whether in one amount or by instalments) for the
immediate and non-recurring needs of the minor, or for the
purpose of enabling any liabilities or expenses reasonably
incurred in maintaining the minor before the making of the
order to be met, or for both, as the court thinks reasonable
having regard to the means of the surviving parent;

(ii) an order requiring the surviving parent to pay such
periodical sum towards the maintenance of the minor as the
court thinks reasonable having regard to the means of the
surviving parent; (Replaced, 65 of 1986, s. 5)

(c)to vary, discharge or suspend any order (other than an order
for a lump sum payment in one amount or for a lump sum to be
paid in instalments where all such instalments have been paid)
previously made under that section or to revive any order so
suspended. (Amended, 65 of 1986, s. 5)

13. (1) Where an application made under section 10 relates to the
custody of a minor under the age of 16, then subject to sections 14 and
15

(a)if by an order made on that application any person is given
the custody of the minor, but it appears to the court that there
are exceptional circumstances making it desirable that the
minor should be under the supervision of an independent
person, the court may order that the minor shall be under the
supervision of the Director of Social Welfare;

(b)if it appears to the court that there are exceptional
circumstances making it impracticable or undesirable for the
minor to be entrusted to either of the parents or to any other
individual, the court may commit the care of the minor to the
Director of Social Welfare.

(2) Where the court makes an order under subsection (1)(b)
committing the care of a minor to the Director of Social Welfare, the
court may make one or both of the following orders, that is to say-
(Amended, 65 of 1986, s. 6)

(a)an order requiring the payment by either parent to the
Director of Social Welfare while he has the care of the minor
of such lump sum (whether in one amount or by instalments)
for the immediate and non-recurring needs of the minor, or for
the purpose of enabling any liabilities or expenses reasonably
incurred in maintaining the minor before the making of the
order to be met, or for both, as the court thinks reasonable
having regard to the means of

that parent;(Added, 65 of 1986, s. 6)





(b)an order requiring the payment by either parent to the Director
of Social Welfare while he has the care of the minor of such
periodical sum towards the maintenance of the minor as the
court thinks reasonable having regard to the means of that
parent. (Added, 65 of 1986, s. 6)

(3) On an application under section 10 the court may, in any case
where it adjourns the hearing of the application for more than 7 days,
make an interim order, to have effect until such date as may be specified
in the order and containing

(a)provision for payment by either parent to the other, or to any
person given the custody of the minor, of such periodical
payments towards the maintenance of the minor as the court
thinks reasonable having regard to the means of the parent on
whom the requirement is imposed; and (Amended, 65 of 1986,
s. 6)

(b)where by reason of special circumstances the court thinks it
proper, any provision regarding the custody of the minor or
the right of access to the minor of either of his parents,

but an interim order under this subsection shall not be made to have
effect after the end of the 3 months beginning with the date of the order
or of any previous interim order made under this subsection with
respect to the application. and shall cease to have effect on the making
of a final order or on the dismissal of the application.

(4) The District Court may also make such an interim order where
under section 23(b) it refuses to make an order on an application under
section 10 on the ground that the matter is one that would more
conveniently be dealt with by the High Court; but an interim order under
this subsection shall not be made so as to have effect after the end of
the 3 months beginning with the date of the order.

14. (1) An order made by the court under section 13(1)(a) (in this
section referred to as a 'supervision order') shall cease to have effect
when the minor attains the age of 16; and where a supervision order is
made at a time when the parents of the minor are residing together

(a)the order may direct that it is to cease to have effect if for a
period of 3 months after it is made they continue to reside
together; and

(b)the order (whether or not it includes a direction under
paragraph (a)) may direct that it is not to operate while they
are residing together.

(2) A supervision order may be varied, discharged, suspended or
revived after being so suspended by a subsequent order made on the
application of either parent or after the death of either parent, on the
application of any guardian under this Ordinance or (before or after the
death of either parent) on the application of any other





person having the custody of the minor by virtue of an order under
section 10(1) or on that of the Director of Social Welfare when he has the
supervision of the minor by virtue of the order. (Amended, 65 of
1986, s. 7)

15. (1) Before making an order under section 13(1)(b) committing
the care of a minor to the Director of Social Welfare, the court shall
inform the Director of the court's proposal to make the order and shall
hear any representations from the Director, including any
representations as to the making also of an order under section 13(2) for
payment to the Director. (Amended, 65 of 1986, s. 8)

(2) In relation to an order under section 13(1)(b) or to an order
under section 13(2) requiring payment to be made to the Director of
Social Welfare, sections 10(3), (4), 19 and 20 shall apply as if the order
under section 13(1)(b) were an order under section 10 giving custody of
the minor to a person other than one of the parents (and the Director of
Social Welfare were lawfully given that custody by the order), and any
order for payment to the Director were an order under section 10(2)
requiring payment to be made to him as a person so given that custody.
(Amended, 65 of 1986, s. 8)

(3) While an order under section 13(1)(b) remains in force with
respect to a minor, the minor shall continue in the care of the Director of
Social Welfare notwithstanding any claim by a parent or other person.

(4) Each parent or guardian of a child for the time being in the care
of the Director of Social Welfare by virtue of an order under section
13(1)(b) shall give notice to the Director of any change of address of
that parent or guardian and any person who without reasonable excuse
fails to comply with this subsection commits an offence and is liable to a
fine of $500.

16. (1) Notwithstanding section 63 of the District Court Ordinance,
there shall be no appeal from an interim order under section 13(3) or (4)
if the appeal relates only to a provision requiring payments to be made
towards the maintenance of a minor.

(2) Section 10(3) and (4) and section 20 shall apply to any such
interim order as they apply to an order under section 10(1) or (2).

17. (1) If the court dealing with an application under section 10 or
14(2) requests the Director of Social Welfare to arrange for an officer of
his department to make to the court a report, orally or in writing, with
respect to any specified matter (being a matter appearing to the court to
be relevant to the application), the Director of Social Welfare shall
comply with such request.

(2) Any statement which is or purports to be a report in pursuance
of subsection (1) shall be made, or if in writing be read aloud, before the
court at a hearing of the application, and immediately after it has been
so made or read aloud the court shall ask





whether any party to the proceedings who is present or represented
by counsel or solicitor at the hearing objects to anything contained
therein; and where objection is made-

(a)the court shall require the officer by whom the statement
was or purported to be made to give evidence on or with
respect to the matters referred to therein; and

(b)any party to the proceedings may give or call evidence with
respect to any matter referred to in the statement or in any
evidence given by the officer.

(3) The court may take account of any statement made or read
aloud under subsection (2) and of any evidence given under para-
graph (a) of that subsection, so far as that statement or evidence
relates to the matters specified by the court under subsection (1),
notwithstanding any enactment or rule of law relating to the
admissibility of evidence.

18. (1) Subject to subsection (2), a guardian under this Ordin-
ance besides being guardian of the person of the minor, shall have all
the rights, powers and duties of a guardian of the minor's estate,
including in particular the right to receive and recover in his own
name for the benefit of the minor property of whatever description
and wherever situated which the minor is entitled to receive or
recover.

(2) Nothing in subsection (1) shall restrict or affect the power
of the High Court to appoint a person to be, or to act as, the
guardian of a minor's estate either generally or for a particular
purpose; and subsection (1) shall not apply to a guardian under this
Ordinance so long as there is a guardian of the minor's estate alone.

19. (1) Any person for the time being under an obligation to
make payment in pursuance of any order for the payment of money
under this Ordinance shall within 14 days of a change of address give
notice of his new address to such person, if any, as may be specified
in the order. (Amended, 65 of 1986, s. 9)

(2) Any person who fails without reasonable excuse to give a
notice, which he is required by subsection (1) to give, commits an
offence and is liable to a fine not exceeding $500.

20. (1) Where a maintenance order has been made and there
is any pension or income capable of being attached payable to the
person against whom the order is made, the court may-

(a) after giving the person an opportunity of being heard; and

(b)on being satisfied that the person has without reasonable
cause failed to make any payment which he is required by
the order to make, (Amended, 65 of 1986, s. 10)

order the pension or income to be attached as to the whole or part of
the amount payable under the maintenance order and the amount
attached to, be paid to the person named by the court.





(2) An order under this section shall be an authority to the person
by whom the pension or income is payable to make the payment in
accordance with the order, and the receipt of the person to whom the
payment is ordered to be made shall be a good discharge to the payer.

PART V

ILLEGITIMATE CHILDREN

21. (1) Subject to this section, section 10(1) shall apply in relation
to a minor who is illegitimate as it applies in relation to a minor who is
legitimate, and references in section 10(1) and in any other provision of
this Ordinance so far as it relates to proceedings under section 10(1), to
the father or mother or parent of a minor shall be construed accordingly.

(2) No order shall be made by virtue of subsection (1) under
section 10(2) in respect of a minor who was born on or after 7 October
1971.

(3) For the purpose of sections 5, 6, 7 and 11 a person-

(a) being the natural father of a minor who is illegitimate; and

(b)being entitled to the minor's custody by virtue of an order in
force under section 10(1) as applied by this section,

shall be treated as if he were the lawful father of the minor; but any
appointment of a guardian made by virtue of this subsection under
section 6(1) shall be of no effect unless the appointor is entitled to the
custody of the minor as under paragraph (b) immediately before his
death.

PART VI

JURISDICTION, PROCEDURE AND APPEALS

22. The District C Court shall not be competent to entertain any
application, other than an application for variation, discharge or
suspension of an existing order or revival of an order which has
been suspended under thisrelating to a minor who has
attained the age of 16 the minor is physically or
mentally incapable of self-support

(Replaced, 65 of 1986, s. 11)


23. Part IV of the District Court Ordinance shall apply to every
proceeding before, and every order by, the District Court under this
Ordinance, and

(a)the application may be heard and determined otherwise than in
open court;





(b)where the District Court considers that the matter is one
which could more conveniently be dealt with by the High
Court, the District Court may refuse to make an order
and in that case, without prejudice to the general right of
appeal conferred by Part IV of the District Court Ordin-
ance, no appeal shall lie from the decision of the District
Court;

(c)an order for the payment of money shall be enforceable in
like manner as an order for the payment of a civil debt.

24. Where any application has been made under this Ordin-
ance to the District Court, the High Court shall, at the instance of
any party to the application, order the application to be removed to
the High Court and there proceeded with on such terms as to costs
as it thinks proper.

25. Nothing in this Ordinance shall restrict or affect the
jurisdiction of the High Court to appoint or remove guardians or
otherwise in respect of minors.

26. The jurisdiction conferred on any court by this Ordinance
shall be exercisable notwithstanding that any party to the proceed-
ings is not domiciled in Hong Kong.
Originally 12 of 1977. 69 of 1982. 65 of 1986. Short title. Interpretation. General principles. 1971 c. 3, s. 1 & 1973 c. 29, s. 1(1). Unenforceability of agreements to give up parental rights. 1973 c. 29, s. 1(2). 1973 c. 29, s. 1(3). 1973 c. 29, s. 1(4). 1973 c. 29, s. 1(5). 1973 c. 29, s. 1(7). Rights of surviving parent as to guardianship. 1971 c. 3, s. 3. Power of parent to appoint testamentary guardians. 1971 c. 3, s. 4. [cf. Cap. 29, s. 43.] Power of court to appoint guardian for minor having no parent, etc. 1971 c. 3, s. 5(1). Power of High Court to remove or replace guardian. 1971 c. 3, s. 6. Disputes between joint guardians. 1971 c. 3, s. 7. Orders for custody and maintenance on application of either parent. 1973 c. 29, Sch. 2, Pt. II. Orders for custody and maintenance where person is guardian to exclusion of surviving parent. 1971 c. 3, s. 10. Orders for custody and maintenance where joint guardians disagree. 1971 c. 3, s. 11. Jurisdiction and orders on application under s. 10. 1973 c. 29, s. 2(2). 1973 c. 29, s. 2(3). 1973 c. 29, s. 2(4). 1973 c. 29, s. 2(5). Additional provisions as to supervision orders. 1973 c. 29, s. 3(2). 1973 c. 29, s. 3(3). Additional provisions as to order committing care of minor to Director of Social Welfare. 1973 c. 29, s. 4(2). 1973 c. 29, s. 4(3). 1973 c. 29, s. 4(5). 1973 c. 29, s. 4(6). Additional provisions as to interim orders. 1973 c. 29, s. 5(1). (Cap. 336.) 1973 c. 29, s. 5(2). Evidence on applications under s. 10 or 14(2). 1973 c. 29, s. 6(1). 1973 c. 29, s. 6(2). 1973 c. 29, s. 6(3). Powers of guardians. 1973 c. 29, s. 7(1). 1973 c. 29, s. 7(2). Person subject to maintenance order to notify change of address. 1971 c. 3, s. 13(2). Attachment of pension or income to satisfy order. Application to illegitimate children. 1971 c. 3, s. 14(1), (2), (3). District Court's jurisdiction. [cf. 1971 c. 3, s. 15(2)(a).] Procedure in District Court. (Cap. 336.) Removal to High Court. 1971 c. 3, s. 16(1). Saving for powers of High Court. 1971 c. 3, s. 17(1). Jurisdiction over persons not domiciled in Hong Kong. 1971 c. 3, s. 17(2).

Originally 12 of 1977. 69 of 1982. 65 of 1986. Short title. Interpretation. General principles. 1971 c. 3, s. 1 & 1973 c. 29, s. 1(1). Unenforceability of agreements to give up parental rights. 1973 c. 29, s. 1(2). 1973 c. 29, s. 1(3). 1973 c. 29, s. 1(4). 1973 c. 29, s. 1(5). 1973 c. 29, s. 1(7). Rights of surviving parent as to guardianship. 1971 c. 3, s. 3. Power of parent to appoint testamentary guardians. 1971 c. 3, s. 4. [cf. Cap. 29, s. 43.] Power of court to appoint guardian for minor having no parent, etc. 1971 c. 3, s. 5(1). Power of High Court to remove or replace guardian. 1971 c. 3, s. 6. Disputes between joint guardians. 1971 c. 3, s. 7. Orders for custody and maintenance on application of either parent. 1973 c. 29, Sch. 2, Pt. II. Orders for custody and maintenance where person is guardian to exclusion of surviving parent. 1971 c. 3, s. 10. Orders for custody and maintenance where joint guardians disagree. 1971 c. 3, s. 11. Jurisdiction and orders on application under s. 10. 1973 c. 29, s. 2(2). 1973 c. 29, s. 2(3). 1973 c. 29, s. 2(4). 1973 c. 29, s. 2(5). Additional provisions as to supervision orders. 1973 c. 29, s. 3(2). 1973 c. 29, s. 3(3). Additional provisions as to order committing care of minor to Director of Social Welfare. 1973 c. 29, s. 4(2). 1973 c. 29, s. 4(3). 1973 c. 29, s. 4(5). 1973 c. 29, s. 4(6). Additional provisions as to interim orders. 1973 c. 29, s. 5(1). (Cap. 336.) 1973 c. 29, s. 5(2). Evidence on applications under s. 10 or 14(2). 1973 c. 29, s. 6(1). 1973 c. 29, s. 6(2). 1973 c. 29, s. 6(3). Powers of guardians. 1973 c. 29, s. 7(1). 1973 c. 29, s. 7(2). Person subject to maintenance order to notify change of address. 1971 c. 3, s. 13(2). Attachment of pension or income to satisfy order. Application to illegitimate children. 1971 c. 3, s. 14(1), (2), (3). District Court's jurisdiction. [cf. 1971 c. 3, s. 15(2)(a).] Procedure in District Court. (Cap. 336.) Removal to High Court. 1971 c. 3, s. 16(1). Saving for powers of High Court. 1971 c. 3, s. 17(1). Jurisdiction over persons not domiciled in Hong Kong. 1971 c. 3, s. 17(2).

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