XN000022-1997-04-30 — Page 30

- 9

In the light of the Law Reform Commission's recommendations, the Age of Majority (Related Provisions) Ordinance was enacted on October 1, 1990 to provide that a person shall attain full age at the age of 18 in most cases. However, this is not provided for in the other ordinances concerned. In addition, there are inconsistencies in the upper age limits prescribed in the ordinances for custody, supervision, care and maintenance orders. For example, the age limit for care orders is 16 in the Guardianship of Minors Ordinance but 21 in the Matrimonial Causes Ordinance; for maintenance orders, the age limit is 18 in the Guardianship of Minors Ordinance and 21 in the Separation and Maintenance Orders Ordinance, while there is no upper limit in the Matrimonial Proceedings and Property Ordinance.

To remove the inconsistencies and implement the LRC's recommendations, we propose that the ordinances in question be amended whereby:-

(a)

(b)

the court may make a custody, supervision or care order up to a child's eighteenth birthday; and

the court may make a maintenance order for a period up to a child's eighteenth birthday. The order may extend beyond the child's eighteenth birthday if the child is, or will be, undergoing education or training or there are special circumstances.

The proposed amendinents are contained in Clauses 2, 3, 4, 11, 17, 19, 20 and 26 to 29 of the Bill.

The fourth objective of the Bill is to amend certain gender-biased provisions in the existing legislation. Some provisions in the Separation and Maintenance Orders are biased against men because they provide for a wife, but not a husband, to apply for separation and maintenance orders. Section 8 of the Matrimonial Proceedings and Proceedings and Property Ordinance is also gender-biased because the circumstances in which a husband may claim maintenance from the wife are different from those in which a wife may claim from the husband.

In line with our policy on equal opportunities for all, we propose that either party to a marriage can apply for separation, custody or maintenance against the other party by invoking the same grounds. The proposal is contained in Clauses 10 to 13 and 25 of the Bill.

Mr President, the Bill represents one big step forward in addressing the difficulties encountered by some maintenance payees and improving the legislation concerning maintenance, custody, supervision and care orders.

With these remarks, Mr President, I commend the Bill to this Council.

End

Page 30Page 31