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1. Introduction 
The Committee supports this timely review and considers it is a good response to  the UN Convention on the Rights of the Child which was extended to Hong Kong  in September, 1994.  Current children ordinances including guardianship and custody are fragmented.  They should be incorporated into one consolidated ordinance.  Divorce must be seen both as a legal process and a psychological process that impacts on the child as well as the parents. 

2. Shared parental responsibility after divorce 
The Committee supports the change of language of the law to emphasize parental responsibility rather than rights.  The Committee also suggests that parental responsibility should be shared after divorce for the best interest of the child. 

3. Statutory checklist of factors 
The Committee supports the recommendations that judges should have a statutory checklist of factors to assist in determining the best interest of the child. 

4. Types of orders 
The Committee supports the repeal of the existing orders of custody and the establishment of four new types of orders, which are residence, contact, specific issues and prohibited steps order.  The option of 'no order' should also be included if that is for the child's best interest. 

5. The views of the child 
Children's views should be taken into account.  Regardless of age, children should be asked whether they want to give opinion.  All involving parties should be sensitive to children's views and appropriate channels should be provided for them to express their views. 

6. Representation of the child 
Separate representative for the child is recommended to safeguard the best interest of the child. 

7. Third parties/grandparents 
Parental responsibility can be delegated to grandparents and members of the extended family provided it is in the best interest of the child. 

8. Children's law and policy 
A Board or a Commission is recommended instead of a single policy Bureau, to take responsibility for all legislation and policies concerning children.  The Board or the Commission which is multidisciplinary should be given the power to steer and monitor the policy implementation. 

9. Non-adversarial dispute resolution process 
The Committee supports the principal of non-adversarial dispute resolution process.  Mediation service should be strengthened to involve all parties to cope with difficulties.  We supports the adoption of a Code of Practice for family lawyers to ensure a more conciliating approach to facilitate resolution. 

10. Child abduction  
Problems of split families between mainland China and HKSAR should be taken into consideration.  Cross border cooperation should be strengthened to speed up family reunification and procedures legislated for cross border cooperation to protect children from being abducted. 
 

Hong Kong Committee on Children's Rights 
March, 1999