218847-1935-Ordinances-passed-and-assented-to--Vol — Page 12

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 6, 1935.

HONG KONG.

No. 48 or 1935.

I assent.

W. T. SournORN,

L. S.

Officer Administering the Government.

6th December, 1935.

An Ordinance to amend the law relating to the custody of

infants.

[6th December, 1935.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Infants Custody Short title. Ordinance, 1935.

as to

of infants.

2.--(1) The court, upon the application of the father or Court may the mother of any infant, and whether or not the mother is make orders then residing with the father, may make such order as it custody and may think fit regarding the custody of such infant and the maintenance right of access thereto of either parent, having regard to the welfare of the infant, and to the conduct of the parents, and to the wishes as well of the mother as of the father, and further order that the father shall pay to the mother towards the maintenance of the infant such weekly or other periodical 18 & 19 Geo. sum as the court, having regard to the means of the father, may think reasonable.

may

(2) No such order, whether for custody or maintenance, shall be enforceable and no liability shall accrue while the mother resides with the father, and any such order shall cease to have effect if for a period of three months after it is made the mother of the infant continues to reside with the father.

(3) The court may alter, vary or discharge any order made under sub-section (1) on the application of either parent, or, after the death of either parent, of any guardian of the infant, and in every case may make such order respecting the costs of the mother and the liability of the father for the same or otherwise as to costs as the court may think just.

49 & 50 Vict. c. 27, s. 5; 15 & 16 Geo. 5, c. 45, s. 3;

5, c. 26, s. 16.

3. No agreement contained in any separation deed made Custody of between the father and mother of an infant shall be held to infant in be invalid by reason only of its providing that the father of separation such infant shall give up the custody or control thereof to the mother:

case of

deed between father and mother.

Provided that no court shall enforce any such agreement 36 & 37 Viet. if the court is of opinion that it will not be for the benefit c. 12, s. 2. of the infant to give effect thereto.

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