TNAG-0189-FCO40-225-Chinese-marriages-in-Hong-Kong-1969 — Page 63

and such a declaration should be admissible in evidence on application by the child, or by the child's mother on its behalf, to a court for appropriate maintenance by the father.'

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56. The opinion of the Sub-Committee on the subject of legitimacy has been stated already in the commentary on the third paragraph of the Preamble to the New Recommendations: see para. 21 above. While there must be a sanction for the non- recognition of concubinary marriages, the Sub-Committee feels strongly that this should not be exacted at the expense of the children of such unions, and accordingly it is recommended that proof of an intention to contract such a union after the Appointed Date should raise an irrebuttable presumption of an intention on the part of the father to acknowledge paternity in respect

children

of the union.

of any

57. The Sub-Committee would also recommend that where paternity is acknowledged, or is inferred as above, the children should be regarded as legitimate children, as would be the case in the People's Republic of China, and also in Taiwan, as well as in an increasing number of Western countries.

"NEW RECOMMENDATION NO. 7: ON AFFILIATION AND MAINTENANCE ORDERS

Intention:

To provide for the making of affiliation and maintenance orders if a father refused to accept responsibility for the maintenance of a child born out of lawful wedlock.

Recommendation:

Legislation to be enacted whereby, if the father of a child born out of lawful wedlock neglects or refuses to maintain that child up to the age of 16, the child or the child's mother on the child's behalf may apply to a court for an affiliation and maintenance order.'

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58. The Sub-Committee agrees with the proposals contained in this Recommendation. In this connection, moreover, the Sub-

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