Recent Concerns:
2. Guardianship and Custody
The Law Reform Commission of Hong Kong issued a
consultation paper on Guardianship and Custody in December, 1998. Below
is our response to the consultation paper:
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
Age
of Criminal Responsibility in Hong Kong