Hong Kong Ordinances

GUARDIANSHIP OF MINORS ORDINANCE - SECT 3

General principles

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2 PART II

GENERAL PRINCIPLES

(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)  except where paragraph (c) applies, 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; (Amended 17 of 1993 s. 19)

   (c)  where the minor is illegitimate-

        (i)    a mother shall have the same rights and authority as she would
               have by virtue of paragraph (b) if the minor were legitimate;

        (ii)   a father shall only have such rights and authority, if any, as
               may have been ordered by a court on an application brought by
               the father under paragraph (d); (Added 17 of 1993 s. 19)

   (d)  the Court of First Instance or a judge of the District Court may, on
        application, where it is satisfied that the applicant is the father of
        an illegitimate child, order that the applicant shall have some or all
        of the rights and authority that the law would allow him as father if
        the minor were legitimate. (Added 17 of 1993 s. 19. Amended 25 of 1998
        s. 2)

(2) Subsection (1)(a) shall have effect as regards any application under
subsection (1)(d). (Replaced 17 of 1993 s. 19) [cf. 1971 c. 3 s. 1 U.K.; 1973
c. 29 s. 1(1) U.K.]