Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 48A

Power to commit children to care of Director of Social Welfare

(Past version on 30/06/1997).

(1) Where the court has jurisdiction by virtue of this Ordinance or the
Matrimonial Proceedings and Property Ordinance ( Cap 192) to make an order for
the custody of a child and it appears to the court that there are exceptional
circumstances making it impracticable or undesirable for the child to be
entrusted to either of the parties to the marriage or to any other individual,
the court may, if it thinks fit, make an order committing the care of the
child to the Director of Social Welfare.

(2) The court shall before making an order under this section hear any
representations from the Director of Social Welfare, including any
representations as to the making of a financial provision order in favour of
the child.

(3) While an order made by virtue of this section is in force with respect to
a child, the child shall continue in the care of the Director of Social
Welfare notwithstanding any claim by a parent of the child or another person.

(4) The court shall not make an order committing the care of a child to the
Director of Social Welfare under this section after the child has attained the
age of 18, and an order made by virtue of this section shall cease to have
effect as respects any child when he attains that age. (Replaced 69 of 1997 s.
20)

(5) The court shall have power from time to time by an order under this
section to vary or discharge any provision made in pursuance of this section.
(Added 10 of 1983 s. 2) [cf. 1973 c. 18 s. 43 U.K.]