Hong Kong Ordinances

MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE - SECT 18

Restrictions on decrees for dissolution, annulment or separation affecting children

(1) The court shall not make absolute a decree of divorce or of nullity of
marriage, or make a decree of judicial separation, unless the court, by order,
has declared that it is satisfied-

   (a)  that for the purposes of this section there are no children of the
        family to whom this section applies; or

   (b)  that the only children who are or may be children of the family to
        whom this section applies are the children named in the order and
        that-

        (i)    arrangements for the welfare of every child so named have been
               made and are satisfactory or are the best that can be devised
               in the circumstances; or

        (ii)   it is impracticable for the party or parties appearing before
               the court to make any such arrangements; or

   (c)  that there are circumstances making it desirable that the decree
        should be made absolute or should be made, as the case may be, without
        delay notwithstanding that there are or may be children of the family
        to whom this section applies and that the court is unable to make a
        declaration in accordance with paragraph (b).

(2) The court shall not make an order declaring that it is satisfied as
mentioned in subsection (1)(c) unless it has obtained a satisfactory
undertaking from either or both of the parties to bring the question of the
arrangements for the children named in the order before the court within a
specified time.

(3) If the court makes absolute a decree nisi of divorce or of nullity of
marriage, or makes a decree of judicial separation, without having made an
order under subsection (1) the decree shall be void but, if such an order was
made, no person shall be entitled to challenge the validity of the decree on
the ground that the conditions prescribed by subsections (1) and (2) were not
fulfilled.

(4) If the court refuses to make an order under subsection (1) in any
proceedings for divorce, nullity of marriage or judicial separation, it shall,
on application by either party to the proceedings, make an order declaring
that it is not satisfied as mentioned in that subsection.

(5) This section applies to the following children of the family, that is to
say-

   (a)  any minor child of the family who at the date of the order under
        subsection (1) is-

        (i)    under the age of sixteen, or

        (ii)   receiving instruction at an educational establishment or
               undergoing training for a trade, profession or vocation,
               whether or not he is also in gainful employment; and

   (b)  any other child of the family to whom the court by an order under that
        subsection directs that this section shall apply; and the court may
        give such a direction if it is of opinion that there are special
        circumstances which make it desirable in the interests of the child
        that this section should apply to it.

(6) In this section "welfare" (福利), in relation to a child, includes the
custody and education of the child and financial provision for him. [cf. 1970
c.45 s.17 U.K.]

"welfare" (福利)