Hong Kong Ordinances

GUARDIANSHIP OF MINORS ORDINANCE - SECT 13

Jurisdiction and orders on application under s. 10

(Past version on 01/07/1997).
(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) Where an application made under section 10 relates to the custody of a
minor , then subject to sections 14 and 15- (Amended 69 of 1997 s. 3)

   (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. [cf.
        1973 c. 29 s. 2(2) U.K.]

(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) [cf. 1973 c. 29 s. 2(3) U.K.]

(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. [cf. 1973 c. 29 s. 2(4)
        U.K.]

(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 Court of First Instance; 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. (Amended 25 of 1998 s. 2) [cf.
1973 c. 29 s. 2(5) U.K.]