Commencement
of affiliation proceedings.
1977. 55. L. 1.
1959 c. 73. K4-
Time for application
för order. 1957 c. 35, 12
Powers of court on hearing of application. 1957 c. 55, L
2
"single woman" includes a widow and a married woman who is
living apart from her husbandi..
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, where the applicant has been delivered of an illegitimate child, may be made-
(a) at any time within twelve 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 twelve months next after the birth of the child paid money for, or otherwise contributed to, ils maintenance; or
(c) at any time within the twelve 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 twelve months next after the birth of the child,
(2) A single woman who has been delivered of a child may, upon proof that—
(a) before the birth she was a party to a marriage which
would have been valid but for provisions of any law making it void on account of her, or the other party to the marriage, being under the age at which she, or the other party, might legally contract a marriage, and (b) the said other party had access to her within twelve
months before the birth,
make at any time an application under section 3 against that party, notwithstanding that he may not within the twelve months next after the birth have paid money for or contributed to the child's maintenance.
3. (1) On the hearing of an application under section 3, the court shall hear the evidence of the mother (notwithstanding any consent or admission on the part of the defendant) and such other evidence as she may produce, and shall also hear any evidence tendered by or on behalf of the defendant.
3
(2) If the evidence of the mother is corroborated in some material particular by other evidence to the court's satisfaction. the court may adjudge the defendant to be the putative father of the child and may also, if it thinks fit in all the circumstances of the cast, proceed to make against the defendant an order for the payment by him of-
(4) a sum of money, at such times as the court may direct, at a rate not exceeding one hundred and twenty dollars per week for the maintenance and education of the child; (b) the expenses incidental to the birth of the child; (c) the funeral expenses of the child, if it has died before
the making of the order; and
(d) such costs as may have been incurred in obtaining the
order.
(3) Where an application under section 3 is made before or within two months after the birth of the child, any sum ordered to be paid under paragraph (2) of subsection (2) may, if the court thinks fit, be calculated from the date of the birth.
(4) On the hearing of an application under this Ordinance, the court may, if the application is dismissed, order that the plaintiff shall pay to the defendant the costs incurred by him in defending the proceedings.
(5) The Legislative Council may, by resolution, amend the rate specified in paragraph (a) of subsection (2).
6. If a person admits that he is the father of an illegitimate child in a statutory declaration, the admission shall be admissible, without further proof, in any proceedings under this Ordinance as prima facie evidence of the facts contained in the admission.
7. (1) Subject to this Ordinance, the person entitled to any payments to be made under an affiliation order shall be the child's mother, and the order shall provide accordingly.
(2) An affiliation order may, on the application of the custodian of a child, be made or varied by the court so as to entitle the custodian to any payments to be made under the order.
(3) When making or varying an affiliation order, the court may order that the money shall be paid into court and then paid to the mother or custodian in such manner and subject to such conditions as it may direct.
(4) A custodian who is entitled to receive moneys under an affiliation order shall have the same power to recover the same as the mother would have bad if the moneys had been payable to her.
Admission of paternity.
Money to be paid to mother or custodiam. 1957 6, 55, 4, 500)
Tet. 1957 36 A. SCULL