CAP. 183]

Affiliation Proceedings

[1986 Ed.

CHAPTER 183

Originally 28 of 1971.

14 of 1977. 64 of 1986.

Short title.

360F 1987 85 of 1987

Interpretation.

Commencement

of affiliation proceedings. 1957 c. 55, s. 1,

1959 c. 73, s. 4.

Time for application for order.

1957 c. 55, s. 2.

AFFILIATION PROCEEDINGS

To provide for the maintenance and custody of illegitimate children.

[7 October 1971.]

This Ordinance may be cited as the Affiliation Proceedings

1. Ordinance.

2. In this Ordinance, unless the context otherwise requires-

"affiliation order" means an order, made under section 5, that a man adjudged to be the putative father of an illegitimate child shall make payment to the mother of the child or to any other person who is named in the order; (Amended, 64 of 1986, s. 2)

"court" means the District Court;

"custodian" means any person, other than the mother or putative father, who is appointed as custodian of a child or to whose care a child is committed under or by virtue of any Ordinance;

"single woman" includes a widow and a married woman who is

living apart from her husband.

3. (1) A single woman who is with child, or who has been delivered of an illegitimate child, may apply to the court for an affiliation order.

(2) An illegitimate child may apply to the court for an affiliation order.

(3) An application under subsection (1) may be made by a woman who was a single woman at the date of the birth of the child whether or not she is a single woman at the time of the application and the reference to a single woman in section 4 shall be construed accordingly.

4. (1) An application under section 3, where the applicant has been delivered of an illegitimate child, may be made-

(a) at any time within 12 months from the child's birth; or

(b) at any subsequent time, upon proof that the man alleged to be the father of the child has within the 12 months next after the birth of the child paid money for, or otherwise contributed to, its maintenance; or

(c) at any time within the 12 months next after the return to Hong Kong of the man alleged to be the father of the child, upon proof that he ceased to reside in Hong Kong within the 12 months next after the birth of the child.

Share This Page