1967-HKRS29-8-34_Part01 — Page 15

Custody etc. of children In cases of neglect

1963, c. 72,

*. 35.

95

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(3) Subject to subsection (6), on granting a decree of divorce or nullity of marriage or at any time thereafter (whether before or after the decree is made absolute) the court may make an order-

(a) in any case, requiring the husband; and

(b) in the case of a decree of divorce made on the ground of the

husband's insanity, requiring the wife,

to secure for the benefit of the relevant children such lump or annual sum as the court thinks reasonable, and may for that purpose give such a direction as is mentioned in paragraph (a) of subsection (2) of section 28; but the term for which any sum is secured for the benefit of a child in pursuance of this subsection shall not extend beyond the date when the child will become twenty-one.

(4) In considering whether any and what order should be made under this section for requiring any party to make any payment towards the maintenance or education of a relevant child, within the meaning of paragraph (6) of the definition thereof, who is not his own, the count shall have regard-

(a) to the extent (if any) to which that party had, on or after the acceptance of the child as one of the family, assumed responsibility for the child's maintenance; and

(b) to the liability of any person other than a party to the marriage

to maintain the child.

(5) While the court has power to make an order in any proceedings by virtue of paragraph (0) or (c) of subsection (1), it may exercise that power from time to time; and where the court makes an order by virtue of paragraph (b) of subsection (1) with respect to a child it may from time to time make a further order with respect to his custody, maintenance and education.

(6) Section 30 (including that section as applied by section 31) shall apply to proceedings and orders under subsection (3) as it applies to such proceedings and orders as are mentioned in section 30; and subsection (1) of section 41 shall apply to relief under subsections (1) and (3) of this section (other than relief under paragraph (6) of sub- section (1)) as it applies to ancillary relief within the meaning of sec- tion 41.

(7) Section 44 shall apply to relief under this section as if for references in that section to the relevant provisions of this Ordinance there were substituted references to this section.

47. (1) Where the court makes an order under subsection (1) of section 34, the court shall also have jurisdiction from time to time to make such order as appears just with respect to the custody of any child to whom that subsection applies; but the jurisdiction conferred by this subsection and any order made in exercise of that jurisdiction shall

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have effect only as respects any period when an order is in force under that subsection.

(2) In any case where the court would have power, on an applica- tion made under subsection (1) of section 34, to order the husband to make to the wife periodical payments for the maintenance of a child to whom that subsection applies, the court may, if it thinks fit, order those payments to be made to the child, or to any other person for the benefit of the child, instead of to the wife; and the reference to the wife in subsection (3) of section 34 shall be construed accordingly.

(3) Section 44 shall apply to relief under this section as if for references in that section to the relevant provisions of this Ordinance there were substituted references to this section.

(4) Without prejudice to any power to include, in any order under this Ordinance for the custody, maintenance and education of a child, provision for access to him, the reference to custody of a child in subsection (1) includes a reference to access the child.

48. (1) Where the court has jurisdiction by virtue of this Ordin- Power to ance to make an order for the custody of a child and it appears to the provide for

supervision court that there are exceptional circumstances making it desirable that of children. the child should be under the supervision of an independent person, 1965, c. 72, the court may, as respects any period during which the child is, in exercise of that jurisdiction, committed to the custody of any person. order that the child be under the supervision of the Director of Social Welfare.

(2) Where a child is under the supervision of the Director of Social Welfare in pursuance of this section the jurisdiction possessed by a court to vary any order made with respect to the child's custody, maintenance or education under this Ordinance shall, subject to any rules, be exercisable at the instance of that court itself.

(3) The court shall have power from time to time by an order under this section to vary or discharge any provision made in pursuance of this section.

PART VIII.

MISCELLANEOUS.

8. 37.

49. (1) Any person who is a British subject, or whose right to Declarations be deemed a British subject depends wholly or in part on his legitimacy of legitimacy.

cle.

or on the validity of any marriage, may, if he is domiciled in Hong 1965, c. 72. Kong or claims any real or personal estate situate in Hong Kong, apply s. 39. by petition to the court for a decree declaring that he is the legitimate child of his parents, or that the marriage of his father and mother or of his grandfather and grandmother was a valid marriage or that his own marriage was a valid marriage.