1956-HKRS30-8-46_Part06 — Page 1

5+

Social

Welfare Officer

to be

Guardian ad litem

subject to rule 3.

Form 2.

Appoint ment of

some other

person as guardian ad litem.

Form of slatement and comment.

Form 3.

Form 4.

Time for filing evidence.

Form of notice.

Form 5.

Guardian

ad litem to investigate all

Appointment of guardian ad litem.

7. Subject to the provisions of rule 8, the Social Welfare Officer shall be the guardian ad litem of the infant for the purposes of the application and a copy of the summons shall be served on him, together with an undertaking by the applicant in form 2 to pay the Social Welfare Officer's proper costs for acting as guardian ad litem for the infant. The Social Welfare Officer shall thereupon enter an appearance for the infant.

8. If the applicant desires that some person other than the Social Welfare Officer should be appointed to act as guardian ad litem, the originating summons must ask for the appointment of a guardian ad litem and must be supported by an affidavit by the applicant setting out the facts and the judge may appoint such person as he thinks fit to be the guardian ad litem.

Evidence in support of application.

9. The evidence in support of the application for an adoption order shall be given by means of a statement in form 3 and shall be verified by affidavit. Any document signifying the consent of any person to the making of the adoption order shall be in form and shall be exhibited to the affidavit,

10. The said evidence shall be filed within fourteen days after the issue of the originating summons and a copy of the applicant's statement and of the documents attached thereto shall at the same time be served on the guardian ad litem.

Notice of application.

11. The guardian ad liten shall, as soon as practicable after he has entered an appearance, serve a notice in form 5 on any parent or guardian of the infant who has signified his consent to the making of an adoption order.

Duties of guardian ad liten.

12. It shall be the duty of the guardian ad litem to investigate as fully as possible all circumstances relevant to the proposed adoption with a view to safeguarding the interests of the infant

before the Court and to make a report to the Court for that relevant

circum- purpose; and in particular it shall be his duty--

atances.

(a) to make enquiries as to all matters alleged in the applicant's statement and as to the additional matters specified in the Second Schedule and to report to the Second Court upon them;

Schedule.

(b) to interview (either by himself or by an agent appointed by him for the purpose) every individual being an applicant for the order, or mentioned in the applicant's statement as a person to whom reference may be made, or a person on whom notice of the application is required. to be served under role 15, or, where notice is required to be served on a body of persons, the appropriate officer of such body.

13. The guardian ad litem and any agent of his and, where Informa

a body of persons is appointed as guardian ad litem, every officer tion to be

confiden-

of that body shall treat as confidential all information obtained tial.

in the course of the investigation, and shall not divulge any part of it to any other person except so far as may be necessary for the proper execution of his duty.

Hearing of application.

ment for

14. The applicant shall obtain an appointment for the Appoint- hearing of the application within fourteen days after being hearing. notified by the guardian ad litem that he has made his report to the Court. If no appointment is obtained by the applicant, the guardian ad litem shall obtain an appointment as soon as practic- able for the hearing of the application.

15. On a date being fixed for the hearing of the application, Notice of the guardian ad Litem shall serve a notice in form 6 on-

hesring

(d) every person whose consent to the order is required Form 6.

under subsection (4) of section 4 of the Ordinance; and

(b) the Social Welfare Officer unless he is the guardian ad

litem.

show cause

16. On the hearing of the application any person on whom Appear- notice is required to be served under rule 15 may appear before Snce to the judge to show cause why an adoption order should not be why order made. The Social Welfare Officer may be represented by any be made. public officer duly authorized in that behalf by the Social Welfare Officer.

should not