1964_MATRIMONIAL_CAUSES_ORDINANCE — Page 26

1983 Ed.]

Matrimonial Causes

ICAP. 179

48C. For the avoidance of doubt, section 3 of the Guardian- ship of Minors Ordinance (which provides that the welfare of the minor shall be the first and paramount consideration) shall apply in relation to any order for the custody care or supervision of a child which may be made under this Ordinance or the Matrimonial Proceedings and Property Ordinance.

PART VIII

MISCELLANEOUS

(Added. 10 of 1983, s. 2›

49. (1) Any person who is a Commonwealth citizen, or whose right to be deemed a Commonwealth citizen depends wholly or in part on his legitimacy or on the validity of any marriage, may, if he is domiciled in Hong Kong or claims any real or personal estate situate in Hong Kong, apply by petition to the court for a decree declaring that he is the legitimate child of his parents, or that the marriage of his father and mother or of his grandfather and grandmother was a valid marriage or that his own marriage was a valid marriage. ( Amended, 80 of 1982, s. 2)

(2) Any person claiming that he or his parent or any remoter ancestor became or has become a legitimated person may apply by petition to the court, or may apply to the District Court in the manner prescribed by rules. for a decree declaring that he or his parent or remoter ancestor, as the case may be, became or has become a legitimated person.

In this subsection, "legitimated person" means a person legit- imated or recognized as legitimated by or under any law.

(3) Where an application under subsection (2) is made to the District Court, the District Court, if it considers that the case is one which owing to the value of the property involved or otherwise ought to be dealt with by the Supreme Court, may, and if so ordered by the Supreme Court shall, transfer the matter to the Supreme Court; and on such a transfer the proceeding shall be continued in the Supreme Court as if it had been originally commenced by petition to the Supreme Court.

(4) Any person who is domiciled in Hong Kong or claims any real or personal estate situate in Hong Kong may apply to the court for a decree declaring his right to be deemed a Commonwealth citizen. (Amended, 80 of 1982, s. 2)

(5) Applications to the Supreme Court (but not to the District Court) under the foregoing provisions of this section may be included in the same petition, and on any application under the foregoing provisions of this section (including an application to the District Court) the Supreme Court or the District Court shall make such decree as it thinks just, and the decree shall be binding on Her Majesty and all other persons whatsoever, so however that the decree shall not prejudice any person-

Application of section 3 of the Guardianship of Minors Ordinance.

Cap

25

Declarations of

legitimacy, etc.

19652

ed