Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 90

PROCEEDINGS CONCERNING MINORS

1. Applications under Guardianship of Minors
Ordinance and Parent and Child 
Ordinance (O. 90, r. 1)

(1) Any application under the Guardianship of Minors Ordinance ( Cap  13) and
the Parent and Child Ordinance ( Cap 429) must be made by originating summons.

(2) Where the minor with respect to whom an application under the
Guardianship of Minors Ordinance ( Cap 13) and the Parent and Child  Ordinance
( Cap 429) is made is not the plaintiff he shall not, unless the  Court
otherwise directs, be made a defendant to the summons but, subject to
paragraph (3), any other person appearing to be interested in, or affected by,
the application shall be made a defendant.

(3) The Court may dispense with service of the summons on any person and may
order it to be served on any person not originally served.

(4) Every application under paragraph (1) shall be heard by a judge who may
dispose of the application in chambers.

2. Verification and passing of guardians accounts
(O. 90, r. 2)

A guardian's account must be verified and passed in the same manner as that
provided by Order 30 in relation to a receiver's account or in such other
manner as the Court may direct.

3. Application of Matrimonial Causes Rules
(O. 90, r. 3)

(1) The provisions of the Matrimonial Causes Rules ( Cap 179 sub. leg.)
relating to proceedings under section 48 of the Matrimonial Causes  Ordinance
( Cap 179) shall apply, with the necessary modifications, to proceedings under
sections 13(1), 14 and 15 of the Guardianship of Minors  Ordinance ( Cap 13).

(2) The provisions of the Matrimonial Causes Rules ( Cap 179 sub. leg.)
relating to the drawing up and service of orders shall apply to proceedings
under this Order as if they were proceedings under those Rules.

4. Further provisions as to orders for supervision
or care of a child (O. 90, r. 4)

An application by the Director of Social Welfare under the Guardianship of 
Minors Ordinance ( Cap 13) for the variation or discharge of an order made
under that Ordinance or for directions as to the exercise of the powers of the
Director under that order may, in case of urgency or where the application is
unlikely to be opposed, be made by letter addressed to the  Court and the
Director shall, whenever practicable, notify any interested party of his
intention to make the application.

5. Removal of a child out of Hong Kong (O. 90, r. 5)

(1) This rule and rules 6 and 7 shall apply to proceedings under the
Guardianship of Minors Ordinance ( Cap 13) and the Separation and 
Maintenance Orders Ordinance ( Cap 16).

(2) An application for leave to remove a child under 18 permanently out of
Hong Kong must be made to a judge unless the application is unopposed, in
which case it may be made to the Registrar.

(3) The father or mother of a child under 18 may apply ex parte to a judge for
an injunction restraining the other of them or any other person from removing
the said child out of Hong Kong or out of the custody, care or control of any
person named in the application.

6. Reference to the Director of Social Welfare
(O. 90, r. 6)

(1) A judge or the Registrar may at any time refer to the Director of Social
Welfare for investigation and report any matter concerning the welfare of a
child which may arise in proceedings in the Court.

(2) Where a reference is made under this rule-

   (a)  the Director may inspect and, with the approval of the judge or
        Registrar, copy from the Court file;

   (b)  after completing his investigation, the Director shall file his report
        and the Registrar shall thereupon notify the parties that they may
        inspect it and may bespeak copies on payment of the prescribed fee;
        and

   (c)  the Registrar shall give notice to the Director of the date of hearing
        of the application or other proceedings.

7. Statement of other proceedings on application
relating to child (O. 90, r. 7)

If, at the time when an application to the Court relating to a child is made
in any cause, any proceedings relating to the said child and brought after the
cause was begun are pending in the High Court or the Court, the  applicant
must file a statement of the nature of those proceedings when he makes his
application.