1977-HKRS28-16-25_Part01 — Page 34

Authenticated Laws 確真本香港法例 All

1973 c. 29. *. *5).

1973 c. 29.

provisions BA CO loteria onderi.

1973 c. 29,

$(1)

(Cap. 336.)

1973 €. 29. B. $12.

Evidence o applications under 1. 10 or 140299). 1973 2. 29 1. 400.

1973 2. 29. 5. 4(3),

1973 c. 29, * 603).

Powers of gordas, 1975 c. 29. 3. 7011.

1973 c. 29.

*.709.

section 13(1)(b) were an order under section 10 giving custody of the minor to a person other than one of the parents (and the Director of Social Welfare were lawfully given that custody by the order), and any order for payment to the Director were an order under section 10(2) requiring payment to be made to him as a person so given that custody.

(3) While an order under section 13(1X5) remains in force with respect to a minor, the minor shall continue in the care of the Director of Social Welfare notwithstanding any claim by a parent or other person.

(4) Each parent or guardian of a child for the time being in the care of the Director of Social Welfare by virtue of an order under section 13(1)(b) shall give notice to the Director of any change of address of that parent or guardian and any person who without reasonable excuse fails to comply with this subsection commits an offence and in liable lo a fine of $500.

16. (1) Notwithstanding section 63 of the District Court Ordinance, there shall be no appeal from an interim order under section 13(3) or (4) if the appeal relates only to a provision requiring payments to be made towards the maintenance of a minor.

(2) Section 103) and (4) and section 20 shall apply to any much interim order as they apply to an order under section "I0(1) or (2).

17. (1) If the court dealing with an application under section 10 or 14(2) requests the Director of Social Welfare to arrange for an officer of bis department to make to the court a report, orally or in writing, with respect to any specified malter (being & matter appearing to the court to be relevant to the application), the Director of Social Welfare shall comply with such request.

(2) Any statement which is or purports to be a report in pursuance of subsection (1) shall be made, or if in writing be read aloud, before the court at a bearing of the application, and immediately after it has been so made or read aloud the court shall ask whether any party to the proceedings who is present or represented by counsel or solicitor at the hearing objects to anything contained therein; and where objection is made

(a) the court shall require the officer by whom the statement was or purported to be made to give evidence on or with respect to the mailers referred to therein; and

(b) any party to the proceedings may give or call evidence with respect to any matter referred to in the statement or in any evidence given by the officer,

(3) The court may take account of any statement made or read aloud under subsection (2) and of any evidence given under paragraph (a) of that subsection, so far as that statement or evidence relates to the matters specified by the court under subsection (1), notwithstanding any enactment or role of law relating to the admissibility of evidence.

18. (1) Subject to subsection (2), a guardian under this Ordinance besides being guardian of the person of the minor, shall have all the rights, powers and duties of a guardian of the minor's estate, including in particular the right to receive and recover in his own name for the benefit of the minor property of whatever description and wherever situated which the minor is eulitled to receive or recover.

(2) Nothing in subsection (1) shall restrict or affect the power of the High Court to appoint a person to be, or to act as, the guardian of a

minor's estate either generally or for a particular purpose; and subsection (1) shall not apply to a guardian under this Ordinance so long as there is a guardian of the minor's estate alone,

order to

19. (1) Any person for the time being under an obligation to make Person subject paymeals in pursuance of any order for the payment of money under madremoÇE this Ordinance sbali within 14 days of a change of address give notice notify change of his new address to such person, if any, as may be specified in the of address, order.

1971 c. 3.

(2) Any person who fails without reasonable excuse to give a notice, which he is required by subsection (1) to give, commits an offence und is liable to a fine not exceeding $500.

■. 13(2).

20. (1) Where a maintenance order has been made and there is any Awachouttat, pension or income capable of being attached payable to the person against of polico or income whom the order is made, the court may-

order.

(o) after giving the person an opportunity of being heard; and (b) on being satisfied that the person has without reasonable cause failed to make any payments which he is required by the order to make,

order the pension or income to be attached as to the whole or part of the amount payable under the maintenance order and the amount attached to be paid to the person named by the court.

(2) An order under this section shall be an authority to the perso0 by whom the pension or income is payable to make the payment jo accordance with the order, and the receipt of the person to whom the payment is ordered to be made shall be a good discharge to the payer.

PART V

İLLEGITIMATE CHILDREN

chudrco.

11441).

#1 (1) Subject to this section, section 1001) shall apply in relation Application to to a minor who is illegitimate as it applies in relation to a minor who is elemac legitimate, and references in section 1001) and in any other provision of 1971 c. 9. this Ordinance so far as it relates to proceedings under section 10(1), to the father or mother or parent of a minor shall be construed accordingly. (2) ok

(2) No order shall be made by virtue of subsection (1) under section 10(2) in respect of a minor who was born on or after the 7th October 1971,

(3) For the purpose of sections 5, 6, 7 and 11 a person-

(0) being the natural father of a minor who is illegitimate; and (b) being entitled to the minor's custody by virtue of an order is

force under section 10(1) as applied by this section,

shall be treated an if he were the lawful father of the minor; but say appointment of a guardian made by virtue of this subsection under section 6(1) shall be of no effect unless the appointer is entitled to the custody of the minor as under paragraph (b) immediately before his death.

PART VI

JURISDICTION, Procedure aND APPEALS

22. (1) The District Court shall not be competent-

Ditria Court's

(a) to entertain any application, other than an application for varia- juridienne.

tion or discharge of an existing order under this Ordinance, relating 14, 1971 € 1. to a minor who has attained the age of 16 years, unless the minor 1. 18780-1 is physically or mentally incapable of self-support; or

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