Hong Kong Ordinances

BIRTHS AND DEATHS REGISTRATION ORDINANCE - SECT 12

Registration of father of illegitimate child

(Past version on 30/06/1997).

(1) Notwithstanding sections 7 to 10, in the case of an illegitimate child- <* Note - Exp. X-Ref.: Sections 7, 8, 9, 10 *>

   (a)  no person shall, as father of the child, be required to give
        information concerning the birth of the child; and

   (b)  there shall not be registered in the register the name of any person
        as father of the child, except in the circumstances provided in
        subsection (2).

(2) The circumstances referred to in subsection (1)(b) are-

   (a)  at the joint request of the mother and the person stating himself to
        be the father of the child; or

   (b)  at the request of the mother on production of-

        (i)    a declaration made by the mother stating that that person is
               the father of the child; and

        (ii)   a statutory declaration made by that person stating himself to
               be the father of the child; or

   (c)  at the request of that person on production of-

        (i)    a declaration by that person stating himself to be the father
               of the child; and

        (ii)   a statutory declaration made by the mother stating that that
               person is the father of the child; or

   (d)  at the request of the mother or that person on production of-

        (i)    a certified copy of a relevant order; and

        (ii)   if the child has attained the age of 16 years, the written
               consent of the child to the registration of that person as his
               father.

(3) In this section and in section 12A, "relevant order" (有關命令), in
relation to a request under subsection (2)(d) that the name of any person be
entered in the register as father of a child, means any of the following
orders, namely-

   (a)  a declaration of a court under Part IV of the Parent and Child 
        Ordinance ( Cap 429) that the person is or was the father of the
        child;

   (b)  an order of a court under the Guardianship of Minors Ordinance (
        Cap 13)-

        (i)    under section 3(1)(d) granting that person any right or
               authority in relation to the child;

        (ii)   under section 10(1) granting that person custody of or access
               to the child; or

        (iii)  under section 10(2) requiring that person to make any lump sum
               or periodical payment in respect of the minor. (Amended 32 of
               2000 s. 14)

   (c)  (Repealed 32 of 2000 s. 14)

(4) An order of a court under section 5 of the Affiliation 
Proceedings Ordinance ( Cap 183)# adjudging a person to be the putative father
of a child which has effect immediately before 27 June 1997 shall continue to
be treated as a relevant order under subsection (3) as if section 5 of that
Ordinance had not been repealed. (Added 32 of 2000 s. 14) (Replaced 17 of 1993
s. 19) [cf. 1953 c. 20 s. 10 U.K.; 1987 c. 42 s. 24 U.K.]
___________________________________________________________________________
____ Note: # Repealed-see 80 of 1997 s. 79.

"relevant order" (有關命令)