Hong Kong Ordinances

PARENT AND CHILD ORDINANCE - SECT 18

Rules

(Past version on 30/06/1997).

(1) The Chief Justice may make rules-

   (a)  providing for the practice and procedure to be applied in any
        application under section 6 or 12;

   (b)  as to the manner of giving effect to directions under section  13 ; or

   (c)  providing for the transfer of applications to the High Court pursuant
        to section 16.

(2) Without limiting the generality of subsection (1), such rules may make
provision-

   (a)  in respect of applications under section 6-

        (i)    as to the information required to be given by an applicant;

        (ii)   as to the persons who are to be parties to the proceedings;

        (iii)  requiring notice of an application to be served on the
               Secretary for Justice and on persons who may be affected by any
               declaration applied for; (Amended L.N. 362 of 1997) [cf. 1986
               c. 55 s. 60(2) U.K.; 1987 c. 42 Sch. 2 para. 96 U.K.]

   (b)  in respect of directions under section 13-

        (i)    providing that bodily samples shall not be taken except by such
               medical practitioners as may be specified in the rules;

        (ii)   prescribing the bodily samples to be taken;

        (iii)  regulating the taking, identification and transport of bodily 
               samples;

        (iv)   requiring the production at the time when a bodily sample is to
               be taken of evidence of the identity of the person from whom it
               is to be taken, and providing for the nature of such evidence
               of identity;

        (v)    requiring any person from whom a bodily sample is to be taken
               to state in writing whether he has during a specified period
               suffered from any specified illness or condition or undergone
               any specified treatment or received a transfusion of blood; or,
               in such cases as may be prescribed, requiring any other person
               to so state in relation to himself or the person from whom the
               sample is to be taken;

        (vi)   providing that scientific tests shall not be carried out except
               by such persons, and at such places, as may be specified in the
               rules;

        (vii)  prescribing the scientific tests to be carried out and the
               manner in which they are to be carried out;

        (viii) regulating the charges that may be made for the taking and
               testing of bodily samples and for the making of a report to a
               court;

        (ix)   making provision for securing that so far as practicable the
               bodily samples to be tested for the purpose of giving effect to
               a direction are tested by the same person;

        (x)    prescribing the form of the report to be made to a court; [cf.
               1969 c. 46 s. 22(1) U.K.; 1987 c. 42 Sch. 2 para. 23 U.K.]

   (c)  for any matter which is to be or may be prescribed by rules under this
        Ordinance.

(3) Rules made under this section may make different provision for different
cases. (Enacted 1993)