1972-HKRS28-16-20_Part04 — Page 2

Principles on

which questions

relating to custody. upbringing,

cts of minors

are to be

decided.

1971 o. 1. «.).

Equal right

of mother to

apply to court,

1971 c. 3. A t

Rights of surviving parcni as to guardianship.

1971 m. 3. « 3.

Power of

parent Lo appoint testamentary guardians. 1971 2. 3, 14.

PART II

GENERAL PRINCIPLES

3. Where in any proceedings before any court (whether or not a court as defined in section 2)—

(a) the custody or upbringing of a minor; or

(b) the administration of any property belonging to or held on trust for a minor or the application of the income thereof,

is in question, the court, in deciding that question, shall regard the welfare of the minor as the first and paramount consideration. and shall not take into consideration whether from any other point of view the claim of the father, or any right at common law possessed by the father, in respect of such custody, upbring- ing, administration or application is superior to that of the mother, or the claim of the mother is superior to that of the father.

4. The mother of a minor shall have the like powers to apply to the court in respect of any matter affecting the minor as are possessed by the father.

PART III

APPOINTMENT, REMOVAL AND POWERS OF GUARDIANS

On the death of a parent of a minor, the surviving parent, if any, shall, subject to this Ordinance, be guardian of the minor either alone or jointly with any guardian appointed by the deceased parent; and-

(a) where no guardian has been appointed by the deceased

parent, or

(6) in the event of the death or refusal to act of the guardian or guardians appointed by the deceased parent, the court may, if it thinks fit, appoint a guardian to act jointly with the surviving parent.

6. (1) A parent of a minor may by deed or will appoint any person to be guardian of the minor after his death.

(2) Any guardian so appointed shall act jointly with the surviving parent, if any, unless the surviving parent objects to his so acting.

(3) If the surviving parent so objects, or if the guardian so appointed considers that the surviving parent is unfit to have the

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custody of the minor, the guardian may apply to the court, and the court may either-

(a) refuse to make any order (in which case the surviving

parent shall remain sole guardian); or

(5) make an order that the guardian so appointed-

(1) shall act jointly with the surviving parent; or (ii) shall be the sole guardian of the minor.

(4) Where guardians are appointed by both parents, the guardians so appointed shall, after the death of the surviving parent, act jointly.

(5) If under section 5 a guardian has been appointed by the court to act jointly with the surviving parent, he shall continue to act as guardian after the death of the surviving parent; but, if the surviving parent has appointed a guardian, the guardian appointed by the court shall act jointly with the guardian appointed by the surviving parent.

7. Where a minor has no parent, no guardian of the person, and no other person having parental rights with respect to him, the court, on application of any person, may, if it thinks fit, appoint the applicant to be the guardian of the minor.

8. The Supreme Court may, in its discretion, on being satisfied that it is for the welfare of the minor, remove from his office any testamentary guardian or any guardian appointed or acting by virtue of this Ordinance, and may also, if it deems it to be for the welfare of the minor, appoint another guardian in place of the guardian so removed.

9. Where two or more persons act as joint guardians of a minor and they are unable to agree on any question affecting the welfare of the minor, any of them may apply to the court for its direction, and the court may make such order regarding the matters in difference as it may think proper.

10. (1) A guardian of the estate of a minor shall, subject to the rights and powers of any personal representative or trustee in whota the minor's estate may be vested, have in addition to such other rights as may be granted to him, the right to-

(a) receive the rents and profits of the lands of the minor; (b) manage the personal estate of the minor;

(c) bring legal proceedings to enforce the rights expressed

in paragraphs (a) and (b).

Power of court to appoint guardian for minor having no parent, ete. 1971 c. 3. * KD.

Power of Supreme Court to remove or

replace

guardian. 1971 c. 3. E

Disputes between joint guardians,

1971 c. 3, 7%

Guardian's powers of management. (d. 1971 + 3. KR]