Hong Kong Ordinances

PARENT AND CHILD ORDINANCE - SECT 6

Declarations of parentage, legitimacy or legitimation

PART IV

DECLARATIONS OF STATUS

(1) Any person may apply to the court for a declaration that-

   (a)  a person named in the application is or was in law his parent;

   (b)  he is the legitimate child of his parents; or

   (c)  he has become, or has not become, a legitimated person.

(2) A court shall only have jurisdiction to entertain an application under
this section if, at the date of the application, the applicant-

   (a)  is domiciled in Hong Kong;

   (b)  has been habitually resident in Hong Kong throughout the period of 1
        year ending with that date; or

   (c)  has a substantial connection with Hong Kong.

(3) Where on an application for a declaration under this section the truth of
the proposition to be declared is proved to the satisfaction of the court, the
court shall make that declaration unless to do so would manifestly be contrary
to public policy.

(4) Where a declaration is made on an application under subsection

(1)(a) or (b), the Registrar of the court shall notify the Registrar of Births
and Deaths, in such manner and within such period as may be prescribed, of the
making of that declaration.

(5) Any declaration made under this section shall be binding on the Crown and
all other persons.

(6) The court, on the dismissal of an application for a declaration under this
section, shall not have power to make any declaration for which the
application has not been made.

(7) No declaration which may be applied for under this section may be made
otherwise than under this section by any court.

(8) No declaration may be made by any court, whether under this section or
otherwise, that any person is or was illegitimate. (Enacted 1993) [cf. 1986 c.
55 ss. 56 & 58 U.K.; 1987 c. 42 s. 22 U.K.]