Committee would draw attention to an unfortunate doubt now existing as to the proper construction of the expression "parents" in the Infants Custody Ordinance, owing to the conflicting dicta of Blair-Kerr and Macfee, JJ., in In Re L., an Infant, (1960) H. K.L.R. 148. The Sub-Committee takes the view that the more liberal definition of "parents" to include unmarried parents, favoured by Blair-Kerr, J., is to be preferred, but since there is doubt, it is to be hoped that the point might be clarified within the framework of the proposed legislation to ensure that relief under the Infants Custody Ordinance is available even though the parents are not a married couple.
"NEW RECOMMENDATION NO. 8: DISSOLUTIONS OF CHINESE MARRIAGES
Intention:
To recognize dissolutions of Chinese Marriages, if the marriages were contracted and the dissolutions effected before the Appointed Date, provided that those dissolutions were effected by mutual consent evidenced in writing and signed by both parties before two witnesses; to permit all such dissolutions effected in the same way after the Ap- pointed Date if the marriages were contracted before the Appointed Date; and, subject to appropriate safeguards, to permit dissolutions by mutual consent of marriages con- tracted elsewhere than in marriage registry or licensed place of worship after the Appointed Date.
Recommendation:
Legislation to be enacted:
(1) Validating the dissolution by mutual consent of Chinese Customary or retrospectively recognized Modern Marriages if such dissolution has been effected in writing, signed by both parties before two witnesses, in Hong Kong, and before the Appointed Date.
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