AFFILIATION PROCEEDINGS ORDINANCE
Title
AFFILIATION PROCEEDINGS ORDINANCE
Description
LAWS OF HONG KONG
AFFILIATION PROCEEDINGS ORDINANCE
CHAPTER 183
CHAPTER 183
AFFILIATION PROCEEDINGS ORDINANCE
ARRANGEMENT OF SECTIONS
Section Page
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Commencement of affiliation proceedings ... ... ...
... ... ... ... ... 2
4. Time for application for order ... ... ... ... ... ... ... ... ... ... ... 2
5. Powers of court on hearing of application ... ... ...
... ... ... ... ... 3
6. Admission of paternity ... ... ... 1. ... ... ... ... ... ... ... ... 4
7. Money to be paid to mother or custodian ... ... ...
... ... ... ... ... 4
8. Duration of order ... ... ... ... ... ...
... ... ... ... ... ... ... 4
9. Continuance of payment in certain cases ... ... ...
... ... ... ... ... 4
10. Revocation, variation and revival of order ... ... ...
... ... ... ... ... 4
11. Putative father to notify change of address ... ... ...
... ... ... ... ... 5
12. Attachment of pension or income to satisfy order ...
... ... ... ... ... 5
13. Enforcement of order ... ... ... ... ... ... ... ... ... ... ... ... ... 5
14. Power to remit arrears ... ... ... ... ... ... ... ... ... ... ... ... 6
15. Power to appoint custodian of child ... ... ... ... ... ... ... ... ... 6
16. Misapplying moneys or ill-treating a child ... ... ...
... 1 ... ... ... ... 6
17. Power to make rules ... ... ... ... ... ...
... ... ... ... ... ... ... 6
18. Transitional provisions ... ... ... ... ... ... ... ... ... ... ... ... 6
CHAPTER 183
AFFILIATION PROCEEDINGS
To provide for the maintenance and custody of illegitimate children.
[7 October 1971.1
1. This Ordinance may be cited as the Affiliation Proceedings
Ordinance.
2. In this Ordinance, unless the context otherwise requires-
'affiliation order' means an order, made under section 5, that a man
adjudged to be the putative father of an illegitimate child shall make
payment to the mother of the child or to any other person who is
named in the order; (Amended, 64 of 1986, s. 2)
'court' means the District Court;
'custodian' means any person, other than the mother or putative father,
who is appointed as custodian of a child or to whose care a child is
committed under or by virtue of any Ordinance;
',single woman' includes a widow and a married woman who is living
apart from her husband.
3. (1) A single woman who is with child, or who has been delivered
of an illegitimate child, may apply to the court for an affiliation order.
(2) An illegitimate child may apply to the court for an affiliation
order.
(3) An application under subsection (1) may be made by a woman
who was a single woman at the date of the birth of the child whether or
not she is a single woman at the time of the application and the
reference to a single woman in section 4 shall be construed accordingly.
4. (1) An application under section 3, where the applicant has been
delivered of an illegitimate child, may be made
(a) at any time within 12 months from the child's birth; or
(b)at any subsequent time, upon proof that the man alleged to be
the father of the child has within the 12 months next after the
birth of the child paid money for, or otherwise contributed to,
its maintenance; or
(c)at any time within the 12 months next after the return to Hong
Kong of the man alleged to be the father of the child, upon
proof that he ceased to reside in Hong Kong within the 12
months next after the birth of the child.
(2) A single woman who has been delivered of a child may,
upon proof that-
(5) [Deleted, 64 of 1986, s. 3.1
6. If a person admits that he is the father of an illegitimate child in a
statutory declaration, the admission shall be admissible, without further
proof, in any proceedings under this Ordinance as prima facie evidence
of the facts contained in the admission.
7. (1) Subject to this Ordinance, the person entitled to any payment
to be made under an affiliation order shall be the child's mother, and the
order shall provide accordingly. (Amended, 64 of 1986,s.4)
(2) An affiliation order may, on the application of the custodian of a
child, be made or varied by the court so as to entitle the custodian to
any payment to be made under the order. (Amended, 64 of 1986, s. 4)
(3) When making or varying an affiliation order, the court may
order that the money shall be paid into court and then paid to the
mother or custodian in such manner and subject to such conditions as it
may direct.
(4) A custodian who is entitled to receive moneys under an
affiliation order shall have the same power to recover the same as the
mother would have had if the moneys had been payable to her.
8. Subject to the provisions of this Ordinance, an affiliation order
shall not, except for the purpose of recovering money previously due
under the order, be of any validity after the child has attained the age of
16 years or has died.
9. (1) If, on the application of the mother or custodian of a child, it
appears to the court that the child is or will be engaged in a course of
education or training after attaining the age of 16 years, or that the child
is suffering from a mental or physical disability, and that it is therefore
expedient for payment to be made under the order after the child attains
that age, then subject to subsections (2) and (3) the court may by order
direct that payment be so made for such period not exceeding 2 years
from the date of the order as may be specified in the order. (Amended,
64 of 1986, s. 5)
(2) Subject to subsection (3), the period specified in an order made
under subsection (1) may from time to time be extended by a
subsequent order so made, but shall not in any case extend beyond the
date when the child attains the age of 21 years.
(3) Notwithstanding section 8, the power under section 10 to
revive or vary an affiliation order shall include power to revive or vary it
in accordance with this section.
10. (1) Where the court has made an affiliation order, it may by
order, on an application by the mother, the custodian or the putative
father of an illegitimate child revoke, revive or vary the 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). (Amended, 14 of 1977, s. 3 and 64 of 1986, s.6)
(2) The jurisdiction conferred upon the court by subsection (1)
shall be exercisable notwithstanding that the proceedings for the
revocation, revival or variation, as the case may be, of the order are
brought by or against a person residing outside Hong Kong. (Added,
14 of 1977, s. 3)
11. (1) If a person against whom an affiliation order has been made
changes his address, he shall within 14 days
(a)where he is required by the order to make any payment into
court, give notice of the change to the registrar of the court;
and
(b)where he is required by the order to make any payment to the
mother or custodian, give notice of the change to the person
entitled to receive such payment.
(2) Any person who fails without reasonable excuse to give a
notice which he is required by subsection (1) to give shall be guilty of
an offence and shall be liable on conviction to a fine of $500.
12. (1) Where an affiliation order has been made against a person
and there is payable to him any pension or income which is capable of
being attached, the court may, notwithstanding the provisions of the
Pensions Ordinance and of any other
(Amended, 64 of 1986, s. 7)
(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, 64 of 1986, s. 7)
order the pension or income to be attached as to the whole or part of the
amount payable under the affiliation 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.
13. (1) A sum ordered to be paid under an affiliation order shall be
recoverable as a civil debt.
(2) If an application is made to the court alleging that default has
been made in paying a sum ordered to be paid under an affiliation order,
the court may, if it considers the circumstances require it, for the
purpose of securing the presence of the person alleged to be in default,
issue a warrant to arrest him and bring him before the court, whether or
not a summons has been issued previously.
14. On the hearing of an application for the enforcement,
revocation, revival, variation or discharge of an affiliation order, the
court may remit the whole or any part of the amount due under the order.
15. (1) If the court is satisfied that-
(a)the mother of an illegitimate child is not a fit and proper
person to have custody of that child; or
(b)the mother has died or become of unsound mind or is in
prison,
the court may, at 'the time of making an affiliation order or thereafter
appoint (with his consent) some person other than the mother as
custodian of the child.
(2) The appointment of a custodian under this section may be made
on the application of the Director of Social Welfare, or of any person
authorized in that behalf by the Director in writing either generally or
specially, or of the putative father, or of the mother, and such an
appointment may be revoked and another person appointed as
custodian.
(3) When making an order appointing a custodian under this
section, the court may order the child to be delivered by the person in
whose custody the child is to the custodian.
(4) If a child, in respect of whom an affiliation order has been made
or is sought, is wrongfully taken out of the custody of the mother or the
custodian, the court, on the application of the mother or custodian, may
order that the child be returned to such custody.
(5) Any person who fails to comply with an order made under
subsection (4) shall be guilty of an offence and shall be liable on
conviction to a fine of $1,000 and to imprisonment for 6 months.
16. Any custodian who-
(a)misapplies any money paid for the child's support by the
putative father under an affiliation order; or
(b)withholds proper nourishment from or otherwise abuses or
maltreats the child,
shall be guilty of an offence and shall be liable on conviction to a fine of
$500 and to imprisonment for 1 month.
17. The Chief Justice, with the approval of the Legislative Council,
may make rules for the better carrying into effect of this Ordinance.
18. An application may be made under section 3 in relation only to
a child born on or after the commencement of this Ordinance.
Originally 28 of 1971. 14 of 1977. 64 of 1986. Short title. Interpretation. Commencement of affiliation proceedings. 1957 c. 55, s. 1. 1959 c. 73, s. 4. Time for application for order. 1957 c. 55, s. 2. Powers of court on hearing of application.1957 c. 55, s. 4. Admission of paternity. Money to be paid to mother or custodian. 1957 c. 55, s. 5(1) & (3). [cf. 1957 c. 55, s. 5(4).] Duration of order. 1957 c. 55, s. 6. Continuance of payment in certain cases. 1957 c. 55, s. 7(2), (3) & (1). Revocation, variation and revival of order. [cf. 1952 c. 55, s. 53.] Putative father to notify change of address. 1957 c. 55, s. 9. Attachment of pension or income to satisfy order. 1957 c. 55, s. 10. (Cap. 89.) Enforcement of order. [cf. 1952 c. 55, s. 74.] Power to remit arrears. [cf. 1952 c. 55, s. 76] Power to appoint custodian of child. [cf. 1957 c. 55, s. 5(4)] Misapplying moneys or ill-treating a child 1957 c. 55, s. 11. Power to make rules. Transitional provisions.
Abstract
Originally 28 of 1971. 14 of 1977. 64 of 1986. Short title. Interpretation. Commencement of affiliation proceedings. 1957 c. 55, s. 1. 1959 c. 73, s. 4. Time for application for order. 1957 c. 55, s. 2. Powers of court on hearing of application.1957 c. 55, s. 4. Admission of paternity. Money to be paid to mother or custodian. 1957 c. 55, s. 5(1) & (3). [cf. 1957 c. 55, s. 5(4).] Duration of order. 1957 c. 55, s. 6. Continuance of payment in certain cases. 1957 c. 55, s. 7(2), (3) & (1). Revocation, variation and revival of order. [cf. 1952 c. 55, s. 53.] Putative father to notify change of address. 1957 c. 55, s. 9. Attachment of pension or income to satisfy order. 1957 c. 55, s. 10. (Cap. 89.) Enforcement of order. [cf. 1952 c. 55, s. 74.] Power to remit arrears. [cf. 1952 c. 55, s. 76] Power to appoint custodian of child. [cf. 1957 c. 55, s. 5(4)] Misapplying moneys or ill-treating a child 1957 c. 55, s. 11. Power to make rules. Transitional provisions.
Identifier
https://oelawhk.lib.hku.hk/items/show/2790
Edition
1964
Volume
v13
Subsequent Cap No.
183
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“AFFILIATION PROCEEDINGS ORDINANCE,” Historical Laws of Hong Kong Online, accessed October 7, 2024, https://oelawhk.lib.hku.hk/items/show/2790.