12
19
provisions for cessation of such guardian- ship.
(b) the Secretary for Chinese Affairs shall renounce such
guardianship; or
(c) a competent court after hearing the Secretary for
Chinese Affairs so orders,
such guardianship shall cease, and the guardianship of the in- fant shall unless the court otherwise orders, vest or revest in the person in whom but for the provisions of this section it would otherwise in law be vested.
(2) The Secretary for Chinese Affairs may renounce the guardianship vested in him by subsection (1) if he at any lime in his absolute discretion considers such guardianship is unnecessary for the protection of the infant: Provided that save where a competent court has ordered that such guardianship shall cease he may at any time during the infancy of such an infant by declaration in writing under his hand resume such guardianship if he considers that this is necessary for the pro- tection of the infant.
(3) For the purpose of making an order that the guardian- ship shall cease a magistrate shall be a competent court (Ordinance and shall have power to hear and determine in a summary manner No. 41 of as provided by the Magistrates Ordinance, 1932, any application 1982).
that such guardianship shall cease save that any such application shall not be heard in open court. Such application may be made by the father or mother of the infant or by any relative of the infant or by any person claiming to have adopted the infant or by any person obtaining the leave of the Court to act as next friend of the infant. Such leave may be obtained by applying ex parte to the Court in chambers.
Pawer for
Secretary for
(4) A magistrate shall not make L order that the guardianship of the Secretary for Chinese Affairs shall cease unless he is satisfied that the person who as a result of such order or of any fresh appointment of a guardian which the magistrate may make is a fit person to be the guardian of the infant.
(5) In this section "relative" means any ascendant, adult brother or sister, and any paternal or maternal uncle or aunt, of the infant and the husband or wife of such brother, sister, uncle
or aunt.
32. (1) Subject to the provisions of subsection (4), whenever the Secretary for Chinese Affairs, upon such inquiry as he may think fit to make, is satisfied that either of the parents or any to become person acting in the place of a parent of any female infant has
Chinese Affairs
of a femalo
parted or agreed to part with the custody of the girl to some other the person either permanently or for any consideration except mar- guardian riage, the Secretary for Chinese Affairs, in his absolute discretion, infant in
certain may in writing declare that such infant shall be his ward, and
cases by A upon the making of such declaration the legal guardianship of declaration
that much such infant while in this Colony shall during her infancy vest in infant the Secretary for Chinese Affairs,
shall be his ward.
(2) If in case it appears to the Secretary for Chinese Affairs that any female infant has been treated as a drudge or treated with cruelty or unkindness or has otherwise not been properly treated by the person in whose custody she is or appears to be or that the female infant is unwilling to remain in such custody it shall be lawful for the Secretary for Chinese Affairs to call upon such person to produce proof to his satisfaction that such person is her legal guardian and has treated and is treating her properly. Failing the production of such proof and subject to the provisions of subsection (4) the Secretary for Chinese Affairs may in his absolute discretion declare that such infant shall be his ward, and upon the making of such declaration, the legal guardianship of such infant while in the Colony shall during her infancy vest in the Secretary for Chinese Affairs.
(3) The Secretary for Chinese Affairs may revoke any such declaration as is mentioned in subsections (1) and (2) by a subsequent declaration, and upon the making of any such subse quent declaration the legal guardianship of the female infant to whom the declaration relates shall vest or re-vest in the person in whom, but for the provisions of this section, it would other- wise by law be vested: Provided that, notwithstanding anything in this subsection, the powers conferred by subsections (1) and (2) may be exercised from time to time as occasion requires.
(4) As soon as practicable after making any declaration under this section in respect of any female infant the Secretary for Chinese Affairs shall inform the person in whose custody such infant appears to be of the making of the declaration and any person aggrieved by the making of any declaration by the Secretary for Chinese Affairs under this section may apply to a magistrate for an order that the guardianship of the Secretary for Chinese Affairs shall cease and subsections (3) and (5) of section 31 shall apply to any such application, save that it shall be lawful also for any person in whose custody the infant was at the time of the making of any declaration under this section to apply to a magistrate under this subsection.