1964_GUARDIANSHIP_OF_MINORS_ORDINANCE — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

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1986 Ed.]

Guardianship of Minors

[CAP. 13

CHAPTER 13

GUARDIANSHIP OF MINORS

To consolidate and amend the law relating to the guardianship of minors.

Originally

[17 February 1977.]

12 of 1977.

69 of 1982. 65 of 1986.

3221ff8

PART I

PRELIMINARY

1. This Ordinance may be cited as the Guardianship of Minors Ordinance.

2. In this Ordinance, unless the context otherwise requires---

"court" means the High Court or the District Court;

"maintenance" includes education;

"parent" means father or mother.

Short title.

Interpretation.

PART II

GENERAL PRINCIPLES

3. (1) In relation to the custody or upbringing of a minor, and in relation to the administration of any property belonging to or held in trust for a minor or the application of the income of any such property-

(a) in any proceedings before any court (whether or not a court as defined in section 2) the court-

(i) shall regard the welfare of the minor as the first and paramount consideration and in having such regard shall give due consideration to-

(A) the wishes of the minor if, having regard to the age and understanding of the minor and to the circumstances of the case, it is practicable to do so; and

(B) any material information including any report of the Director of Social Welfare available to the court at the hearing; and

(ii) shall not take into consideration whether, from any other point of view, the claim of the father, in respect of such custody, upbringing, administration or application is superior to that of the mother, or the claim of the mother is superior to that of the father; (Replaced, 69 of 1982, s. 2)

General principles. 1971 c. 3, s. 1 & 1973 c. 29, s. 1(D).

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1986 Ed.] Guardianship of Minors [CAP. 13 3 CHAPTER 13 GUARDIANSHIP OF MINORS To consolidate and amend the law relating to the guardianship of minors. Originally [17 February 1977.] 12 of 1977. 69 of 1982. 65 of 1986. 3221ff8 PART I PRELIMINARY 1. This Ordinance may be cited as the Guardianship of Minors Ordinance. 2. In this Ordinance, unless the context otherwise requires--- "court" means the High Court or the District Court; "maintenance" includes education; "parent" means father or mother. Short title. Interpretation. PART II GENERAL PRINCIPLES 3. (1) In relation to the custody or upbringing of a minor, and in relation to the administration of any property belonging to or held in trust for a minor or the application of the income of any such property- (a) in any proceedings before any court (whether or not a court as defined in section 2) the court- (i) shall regard the welfare of the minor as the first and paramount consideration and in having such regard shall give due consideration to- (A) the wishes of the minor if, having regard to the age and understanding of the minor and to the circumstances of the case, it is practicable to do so; and (B) any material information including any report of the Director of Social Welfare available to the court at the hearing; and (ii) shall not take into consideration whether, from any other point of view, the claim of the father, in respect of such custody, upbringing, administration or application is superior to that of the mother, or the claim of the mother is superior to that of the father; (Replaced, 69 of 1982, s. 2) General principles. 1971 c. 3, s. 1 & 1973 c. 29, s. 1(D).

Baseline (Original)

1986 Ed.] Guardianship of Minors [CAP. 13 3 CHAPTER 13 GUARDIANSHIP OF MINORS To consolidate and amend the law relating to the guardianship of Originally minors. [17 February 1977.] 12 of 1977. 69 of 1982. 65 of 1986. 3221ff8 PART I PRELIMINARY 1. This Ordinance may be cited as the Guardianship of Minors Ordinance. 2. In this Ordinance, unless the context otherwise requires--- "court" means the High Court or the District Court; "maintenance" includes education; "parent" means father or mother. Short title. Interpretation. PART II GENERAL PRINCIPLES 3. (1) In relation to the custody or upbringing of a minor, and in relation to the administration of any property belonging to or held in trust for a minor or the application of the income of any such property- (a) in any proceedings before any court (whether or not a court as defined in section 2) the court- (i) shall regard the welfare of the minor as the first and paramount consideration and in having such regard shall give due consideration to- (A) the wishes of the minor if, having regard to the age and understanding of the minor and to the circumstances of the case, it is practicable to do so; and (B) any material information including any report of the Director of Social Welfare available to the court at the hearing; and (ii) shall not take into consideration whether, from any other point of view, the claim of the father, in respect of such custody, upbringing, administration or application is superior to that of the mother, or the claim of the mother is superior to that of the father; (Replaced, 69 of 1982, s. 2) General principles. 1971 c. 3, s. 1 & 1973 c. 29, s. 1(D).

2026-05-04 18:42:59 · Baseline

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