Guardianship of Minors Ordinance


Published: 2012-08-02

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Cap 13 - Guardianship of Minors Ordinance 1

Chapter: 13 Guardianship of Minors Ordinance Gazette Number Version Date

Long title E.R. 2 of 2012 02/08/2012


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


[17 February 1977]
(Originally 12 of 1977)

(*Format changes—E.R. 2 of 2012)
_________________________________________________________________________________
Note:
* The format of the Ordinance has been updated to the current legislative styles.

Part: 1 Preliminary E.R. 2 of 2012 02/08/2012




Section: 1 Short title E.R. 2 of 2012 02/08/2012


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

Section: 2 Interpretation E.R. 2 of 2012 02/08/2012


In this Ordinance, unless the context otherwise requires—
court (法院) means the Court of First Instance or the District Court; (Amended 25 of 1998 s. 2)
custody order (管養令) means an order made—

(a) under section 10(1), 11(1)(a), 12(a) or 13(1)(b);
(b) under section 5(1)(b) of the Separation and Maintenance Orders Ordinance (Cap 16);
(c) under section 19 or 20 of the Matrimonial Proceedings and Property Ordinance (Cap 192); or
(d) by the Court of First Instance in the exercise of its jurisdiction relating to wardship so far as it gives the care

and control of a minor to any person; (Added 1 of 2012 s. 3)
domestic proceedings (家事法律程序) means any proceedings under the—

(a) Separation and Maintenance Orders Ordinance (Cap 16);
(b) Matrimonial Causes Ordinance (Cap 179);
(c) Domestic and Cohabitation Relationships Violence Ordinance (Cap 189);
(d) Matrimonial Proceedings and Property Ordinance (Cap 192);
(e) Adoption Ordinance (Cap 290);
(f) Parent and Child Ordinance (Cap 429); and
(g) inherent jurisdiction of the Court of First Instance in relation to minors; (Added 1 of 2012 s. 3)

maintenance (贍養) includes education;
maintenance order (贍養令) means an order made—

(a) under section 10(2)(b), 11(1)(b)(ii), 12(b)(ii) or 13(2)(b), (3)(a) or (4) for periodical payments; or
(b) under section 10(2)(c), 11(1)(b)(iii) or 12(b)(iii) for secured periodical payments; or
(c) under section 10(2)(a), 11(1)(b)(i), 12(b)(i) or 13(2)(a) for payment of a lump sum; (Added 18 of 2003 s. 2)

parent (父母) means father or mother; (Amended 1 of 2012 s. 3)
will (遺囑) includes a codicil. (Added 1 of 2012 s. 3)

Part: 2 General Principles E.R. 2 of 2012 02/08/2012




Section: 3 General principles E.R. 2 of 2012 02/08/2012


(1) In relation to the custody or upbringing of a minor, and in relation to the administration of any property



Cap 13 - Guardianship of Minors Ordinance 2

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 best interests of the minor as the first and paramount consideration and in having such
regard shall give due consideration to- (Amended 1 of 2012 s. 4)
(A) the views 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 (Amended 1 of 2012 s. 4)
(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)

(b) except where paragraph (c) applies, a mother shall have the same rights and authority as the law allows to a
father, and the rights and authority of mother and father shall be equal and be exercisable by either without
the other; (Amended 17 of 1993 s. 19)

(c) where the minor is illegitimate-
(i) a mother shall have the same rights and authority as she would have by virtue of paragraph (b) if the

minor were legitimate;
(ii) a father shall only have such rights and authority, if any, as may have been ordered by a court on an

application brought by the father under paragraph (d); (Added 17 of 1993 s. 19)
(d) the Court of First Instance or a judge of the District Court may, on application, where it is satisfied that the

applicant is the father of an illegitimate child, order that the applicant shall have some or all of the rights
and authority that the law would allow him as father if the minor were legitimate. (Added 17 of 1993 s. 19.
Amended 25 of 1998 s. 2)

(2) Subsection (1)(a) shall have effect as regards any application under subsection (1)(d). (Replaced 17 of 1993 s.
19)

[cf. 1971 c. 3 s. 1 U.K.; 1973 c. 29 s. 1(1) U.K.]

Section: 4 Unenforceability of agreements to give up parental rights E.R. 2 of 2012 02/08/2012


(1) An agreement for a man or woman to give up in whole or in part, in relation to any child of his or hers, the rights
and authority referred to in section 3 shall be unenforceable, except that an agreement made between husband
and wife which is to operate only during their separation while married may, in relation to a child of theirs,
provide for either of them to do so; but no such agreement between husband and wife shall be enforced by any
court if the court is of opinion that it will not be for the benefit of the child to give effect to it. [cf. 1973 c. 29 s.
1(2) U.K.]

(2) Where a minor's father and mother disagree on any question affecting the minor’s welfare, either of them may
apply to the court for its direction, and subject to subsection (3) the court may make such order regarding the
matters in difference as it may think proper. (Amended L.N. 80 of 2012) [cf. 1973 c. 29 s. 1(3) U.K.]

(3) Subsection (2) shall not authorize the court to make any order regarding the custody of a minor or the right of
access to the minor of his or her father or mother. (Amended L.N. 80 of 2012) [cf. 1973 c. 29 s. 1(4) U.K.]

(4) An order under subsection (2) may be varied, discharged, suspended or revived after being so suspended by a
subsequent order made on the application of either parent or, after the death of either parent, on the application
of any guardian or (before or after the death of either parent) on the application of any other person having the
custody of the minor. (Amended 65 of 1986 s. 2) [cf. 1973 c. 29 s. 1(5) U.K.]

(5) Nothing in this section shall affect the operation of any enactment requiring the consent of both parents in a
matter affecting a minor. (Amended 17 of 1993 s. 19) [cf. 1973 c. 29 s. 1(7) U.K.]


Part: 3 Appointment, Removal and Powers of Guardians E.R. 2 of 2012 02/08/2012




Section: 5 Rights of surviving parent as to guardianship L.N. 27 of 2012 13/04/2012


Subject to section 19(4) of the Matrimonial Proceedings and Property Ordinance (Cap 192) and any court order to the
contrary, on the death of a parent of a minor, the surviving parent (if any) is the guardian of the minor either alone or



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jointly with any guardian appointed under this Part.
(Replaced 1 of 2012 s. 5)


Section: 6 Power of parent and guardian to appoint guardian L.N. 27 of 2012 13/04/2012


(1) A parent of a minor may appoint any person to be a guardian of the minor after that parent dies.
(2) A guardian of a minor may appoint any person to be a guardian of the minor after that guardian dies.
(3) An appointment made under this section must be in writing, dated and—

(a) signed either by the person making the appointment or by another person at the direction, and in the
presence, of the person making the appointment; and

(b) attested by 2 witnesses.
(4) Despite subsection (3), a parent or guardian may appoint a guardian by a will executed in accordance with

section 5 of the Wills Ordinance (Cap 30).
(5) In appointing a guardian of a minor, a parent or guardian of the minor is required to take into account the views

of the minor as far as practicable having regard to the minor’s age and understanding.
(6) An appointment made under this section has no effect unless the appointed person accepts the office either

expressly or impliedly by conduct.
(7) An appointment under this section may be made by 2 or more persons acting jointly.
(8) The validity of an appointment of a guardian is not affected by a failure to comply with subsection (5).

(Replaced 1 of 2012 s. 5)

Section: 7 When guardianship takes effect automatically L.N. 27 of 2012 13/04/2012


A person appointed by a parent or guardian as the guardian of a minor under section 6 automatically assumes
guardianship over the minor on the death of the appointing parent or appointing guardian (as the case may be) if—

(a) the appointing parent or appointing guardian has a custody order over the minor immediately before he or
she dies irrespective of whether anyone else has a custody order over the minor at that time; or

(b) the appointing parent or appointing guardian lived with the minor immediately before dying and the minor
does not have any surviving parent or surviving guardian when the appointing parent or appointing
guardian dies.

(Replaced 1 of 2012 s. 5)

Section: 8 Assumption of guardianship by application L.N. 27 of 2012 13/04/2012


Subject to section 7, a person appointed by a parent or guardian as the guardian of a minor under section 6 may, after
the appointing parent or appointing guardian dies, apply to the court to assume guardianship over the minor and the
court may order the person—

(a) to act jointly with the surviving parent or surviving guardian;
(b) to act as the guardian of the minor after the minor no longer has any parent or guardian;
(c) to act as the guardian of the minor at a time, or after the occurrence of an event, specified by the court;
(d) to be removed as a guardian; or
(e) to act as the guardian of the minor to the exclusion of the surviving parent or surviving guardian.

(Replaced 1 of 2012 s. 5)

Section: 8A Guardian appointed under section 6 to act jointly with

surviving parent or surviving guardian
L.N. 27 of 2012 13/04/2012



(1) Subject to section 8, any guardian appointed under section 6 must act jointly with the surviving parent or
surviving guardian (if any) of a minor on assuming guardianship over the minor.

(2) If the surviving parent or surviving guardian and the guardian appointed under section 6 think the other is unfit
to have guardianship over the minor, either of them may apply to the court and the court may order—
(a) the surviving parent or surviving guardian and the guardian appointed under section 6 to continue to act

jointly;
(b) the surviving parent or surviving guardian to act as the guardian of the minor to the exclusion of the



Cap 13 - Guardianship of Minors Ordinance 4

guardian appointed under section 6; or
(c) the guardian appointed under section 6 to act as the guardian of the minor to the exclusion of the surviving

parent or surviving guardian.
(Added 1 of 2012 s. 5)


Section: 8B Revocation of guardian appointment L.N. 27 of 2012 13/04/2012


(1) An appointment under section 6 revokes an earlier such appointment (including one made in a will) made by the
same person in respect of the same minor, unless it is clear that the purpose of the later appointment is to appoint
an additional guardian.

(2) An appointment under section 6 (including one made in a will) is revoked if the person who made the
appointment revokes it by a written and dated document that is—
(a) signed either by the person who made the appointment or by another person, at the direction, and in the

presence, of the person who made the appointment; and
(b) attested by 2 witnesses.

(3) An appointment under section 6 (other than one made in a will) is revoked if, with the intention of revoking the
appointment, the person who made it—
(a) destroys the document by which it was made; or
(b) instructs any other person to destroy the document in the person’s presence.

(4) If an appointment under section 6 is made by 2 or more persons acting jointly—
(a) the appointment may be revoked by any of them in accordance with subsection (2) or (3); and
(b) the person who revokes the appointment must notify all other persons who jointly made the appointment of

the revocation.
(5) The revocation referred to in subsection (4) has no effect unless paragraph (b) of that subsection is complied

with.
(6) To avoid doubt, an appointment made under section 6 in a will is revoked if the will is revoked.

(Added 1 of 2012 s. 5)

Section: 8C Guardian may disclaim appointment L.N. 27 of 2012 13/04/2012


(1) A guardian who wishes to disclaim the appointment is required to disclaim the appointment by notifying the
appointing parent or appointing guardian of the disclaimer.

(2) If the appointing parent or appointing guardian has died, an appointed guardian who has not assumed
guardianship under section 8 and wishes to disclaim the appointment is required to disclaim the appointment by
a written, dated and signed document.

(3) A disclaimer referred to in subsection (2) does not take effect until the guardian has notified the following
persons of it—
(a) the executor or administrator of the appointing parent’s or appointing guardian’s estate under the

Probate and Administration Ordinance (Cap 10);
(b) the surviving parent;
(c) other guardians.

(4) If there is no such person as mentioned in subsection (3)(a), (b) and (c) or if they cannot be located, the guardian
must notify the Director of Social Welfare of the disclaimer.

(Added 1 of 2012 s. 5)

Section: 8D Power of court to appoint guardian of minor L.N. 27 of 2012 13/04/2012


(1) After a parent or guardian of a minor dies, the court may, if it thinks fit, appoint a person to be a guardian of the
minor if—
(a) no guardian has been appointed by the deceased parent or deceased guardian under section 6;
(b) the guardian appointed by the deceased parent or deceased guardian under section 6 or by the court under

this section or section 8E dies; or
(c) the guardian appointed by the deceased parent or deceased guardian under section 6 has disclaimed the

appointment.



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(2) On application by any person, the court may, if it thinks fit, appoint the person to be the guardian of a minor if—
(a) the parent or guardian who has a custody order over the minor dies; or
(b) the minor does not have any parent, guardian or other person having parental rights with respect to the

minor.
(3) The power to make an appointment under subsection (2) may also be exercised in any domestic proceedings if

the court thinks that the appointment should be made even though no application has been made for it.
(Added 1 of 2012 s. 5)


Section: 8E Removal of guardian L.N. 27 of 2012 13/04/2012


On being satisfied that it is in the best interests of the minor, the court may, in its discretion—
(a) remove any guardian; and
(b) appoint another person to replace that guardian.

(Added 1 of 2012 s. 5)

Section: 8F Guardian appointed by court to act jointly with surviving

parent or surviving guardian
L.N. 27 of 2012 13/04/2012



(1) A guardian appointed by the court under section 8D or 8E must act jointly with the surviving parent or surviving
guardian (if any) of the minor and must continue to act after the surviving parent or surviving guardian dies.

(2) If the surviving parent or surviving guardian of a minor has appointed a guardian under section 6, the guardian
appointed by the court under section 8D or 8E must act jointly with the guardian appointed by the surviving
parent or surviving guardian.

(Added 1 of 2012 s. 5)

Section: 8G Guardian to have parental rights and authority L.N. 27 of 2012 13/04/2012


A person appointed as the guardian of a minor under this Part has, on assuming guardianship, parental rights and
authority with respect to the minor.

(Added 1 of 2012 s. 5)

Section: 8H Remuneration for guardian L.N. 27 of 2012 13/04/2012


The court may authorize a guardian of a minor to be paid any remuneration for the guardianship service that it thinks
fit if the guardian is not a parent of the minor.

(Added 1 of 2012 s. 5)

Section: 9 Disputes between joint guardians E.R. 2 of 2012 02/08/2012


Where 2 or more persons act as joint guardians of a minor and they are unable to agree on any question affecting the
welfare of the minor, any of them may apply to the court for its direction, and the court may make such order
regarding the matters in difference as it may think proper.

[cf. 1971 c. 3 s. 7 U.K.]

Section: 9A Transitional and savings E.R. 2 of 2012 02/08/2012


(1) In this section—
*commencement date (生效日期) means the day on which the Guardianship of Minors (Amendment) Ordinance

2012 (1 of 2012) comes into operation;
pre-amended Ordinance (《未修訂條例》 ) means this Ordinance as in force immediately before the

commencement date.
(2) The Guardianship of Minors (Amendment) Ordinance 2012 (1 of 2012) does not affect any proceedings under

the pre-amended Ordinance that are pending immediately before the commencement date.



Cap 13 - Guardianship of Minors Ordinance 6

(3) Any appointment of a person as guardian of a minor that was made under the pre-amended Ordinance, or under
the Court of First Instance’s inherent jurisdiction with respect to the minor, and is effective immediately before
the commencement date is, on and after that date, taken to be an appointment made and having effect under this
Ordinance.

(4) Any appointment of a person as guardian of a minor that was made under the pre-amended Ordinance and has
not taken effect immediately before the commencement date is, on and after that date, to be governed by this
Ordinance.

(5) To avoid doubt, any guardian appointed under the pre-amended Ordinance has the same rights and authority as a
guardian appointed under this Ordinance.

(Added 1 of 2012 s. 6)
___________________________________________________________________________
Note:
* Commencement date: 13 April 2012.

Part: 4 Orders for Custody and Maintenance E.R. 2 of 2012 02/08/2012




Section: 10 Orders for custody and maintenance on application of
either parent

E.R. 2 of 2012 02/08/2012



(1) The court may, on the application of either of the parents of a minor (who may apply without next friend) or the
Director of Social Welfare, make such order regarding- (Amended 65 of 1986 s. 3)
(a) the custody of the minor; and
(b) the right of access to the minor of either of his or her parents, (Amended L.N. 80 of 2012)

as the court thinks fit having regard to the best interests of the minor and to the conduct and wishes of the
parents. (Amended 1 of 2012 s. 7)

(2) The court may as regards a minor, on the application of a person with whom, whether by virtue of an order
under subsection (1) or otherwise, custody of the minor lies at law, make in respect of the minor any one or more
of the following orders-
(a) an order requiring payment to the applicant by the parent or either of the parents of the minor of such lump

sum (whether in one amount or by instalments) for the immediate and non-recurring needs of the minor or
for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the minor before
the making of the order to be met, or for both, as the court thinks reasonable having regard to the means of
that parent;

(b) an order requiring payment to the applicant by such parent or either of such parents of such periodical sum
towards the maintenance of the minor as the court thinks reasonable having regard to the means of that
parent;

(c) an order requiring the securing to the applicant by such parent or either of such parents, to the satisfaction
of the court, of such periodical sum towards the maintenance of the minor as the court thinks reasonable
having regard to the means of that parent;

(d) an order requiring the transfer to the applicant for the benefit of the minor, or to the minor, by such parent
or either of such parents, of such property, being property to which the parent is entitled (either in
possession or reversion), as the court thinks reasonable having regard to the means of that parent;

(e) an order requiring the settlement for the benefit of the minor, to the satisfaction of the court, of such
property, being property to which such parent or either of such parents is so entitled, as the court thinks
reasonable having regard to the means of that parent. (Replaced 80 of 1997 s. 78)

(3) An order may be made under subsection (1) or (2) notwithstanding that the parents of the minor are then residing
together, but-
(a) no such order shall be enforceable, and no liability thereunder shall accrue, while they are residing together;

and
(b) any such order shall cease to have effect if for a period of 3 months after it is made they continue to reside

together:
Provided that, unless the court in making the order directs otherwise, paragraphs (a) and (b) shall not apply to

any provision of the order giving the custody of the minor to a person other than one of the parents or made with
respect to a minor of whom custody is so given.



Cap 13 - Guardianship of Minors Ordinance 7

(4) An order under subsection (1) or an order under subsection (2) (other than an order for a lump sum payment in
one amount, for a lump sum to be paid in instalments where all such instalments have been paid or for the
transfer of property) may be varied, discharged, suspended or revived after being so suspended, by a subsequent
order made on the application of either parent or after the death of either parent on the application of any
guardian under this Ordinance, or (before or after the death of either parent) on the application of any other
person having the custody of the minor by virtue of an order under subsection (1). (Amended 65 of 1986 s. 3; 17
of 1993 s. 19)

[cf. 1973 c. 29 Sch. 2 Pt. II U.K.]

Section: 11 Orders for custody and maintenance where person is

guardian to exclusion of surviving parent
E.R. 2 of 2012 02/08/2012



(1) Where the court makes an order under section 8(e), 8A(2)(c) or 9 that a person is to act as the guardian of a
minor to the exclusion of the minor’s surviving parent, the court may- (Amended 1 of 2012 s. 8)
(a) make such order regarding-

(i) the custody of the minor; and
(ii) the right of access to the minor of his or her surviving parent,

as the court thinks fit, having regard to the best interests of the minor; and (Amended 1 of 2012 s. 8)
(b) make one or more of the following orders, that is to say- (Amended 17 of 1993 s. 19)

(i) an order requiring the surviving parent to pay to the guardian such lump sum (whether in one amount
or by instalments) for the immediate and non-recurring needs of the minor, or for the purpose of
enabling any liabilities or expenses reasonably incurred in maintaining the minor before the making of
the order to be met, or for both, as the court thinks reasonable having regard to the means of the
surviving parent;

(ii) an order requiring the surviving parent to pay to the guardian such periodical sum towards the
maintenance of the minor as the court thinks reasonable having regard to the means of the surviving
parent; (Replaced 65 of 1986 s. 4. Amended 17 of 1993 s. 19)

(iii) an order requiring the surviving parent to secure to the guardian, to the satisfaction of the court, such
periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to
the means of the surviving parent; (Added 17 of 1993 s. 19)

(iv) an order requiring the surviving parent to transfer to the guardian for the benefit of the minor, or to the
minor, such property, being property to which the surviving parent is entitled (either in possession or
reversion), as the court thinks reasonable having regard to the means of the surviving parent; (Added
17 of 1993 s. 19)

(v) an order requiring the settlement for the benefit of the minor, to the satisfaction of the court, of such
property, being property to which the surviving parent is so entitled, as the court thinks reasonable
having regard to the means of the surviving parent. (Added 17 of 1993 s. 19)

(2) The powers conferred by subsection (1) may be exercised at any time and include power to vary, discharge or
suspend any order (other than an order for a lump sum payment in one amount, for a lump sum to be paid in
instalments where all such instalments have been paid or for the transfer of property) previously made under that
subsection or to revive any order so suspended. (Amended 65 of 1986 s. 4; 17 of 1993 s. 19)

[cf. 1971 c. 3 s. 10 U.K.]

Section: 12 Orders for custody and maintenance where joint

guardians disagree
E.R. 2 of 2012 02/08/2012



The powers of the court under section 8(a) or (c), 8A(2)(a) or 9 shall, where one of the joint guardians is the surviving
parent of the minor, include power- (Amended 1 of 2012 s. 9)

(a) to make such order regarding-
(i) the custody of the minor; and
(ii) the right of access to the minor of his or her surviving parent,

as the court thinks fit having regard to the best interests of the minor; (Amended 1 of 2012 s. 9)
(b) to make one or more of the following orders, that is to say- (Amended 17 of 1993 s. 19)

(i) an order requiring the surviving parent to pay such lump sum (whether in one amount or by
instalments) for the immediate and non-recurring needs of the minor, or for the purpose of enabling



Cap 13 - Guardianship of Minors Ordinance 8

any liabilities or expenses reasonably incurred in maintaining the minor before the making of the order
to be met, or for both, as the court thinks reasonable having regard to the means of the surviving
parent;

(ii) an order requiring the surviving parent to pay such periodical sum towards the maintenance of the
minor as the court thinks reasonable having regard to the means of the surviving parent; (Replaced 65
of 1986 s. 5)

(iii) an order requiring the securing by the surviving parent, to the satisfaction of the court, of such
periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to
the means of the surviving parent; (Added 17 of 1993 s. 19)

(iv) an order requiring the transfer for the benefit of the minor, or to the minor, by the surviving parent, of
such property, being property to which the surviving parent is entitled (either in possession or
reversion), as the court thinks reasonable having regard to the means of the surviving parent; (Added
17 of 1993 s. 19)

(v) an order requiring the settlement for the benefit of the minor, to the satisfaction of the court, of such
property, being property to which the surviving parent is so entitled, as the court thinks reasonable
having regard to the means of the surviving parent; (Added 17 of 1993 s. 19)

(c) to vary, discharge or suspend any order (other than an order for a lump sum payment in one amount, for a
lump sum to be paid in instalments where all such instalments have been paid or for the transfer of
property) previously made under that section or to revive any order so suspended. (Amended 65 of 1986 s.
5; 17 of 1993 s. 19)

[cf. 1971 c. 3 s. 11 U.K.]

Section: 12A Provisions as to powers of court to make orders in favour

of children and duration of such orders
E.R. 2 of 2012 02/08/2012



(1) Subject to subsection (3), the term for which by virtue of an order specified in subsection (2) any payments are
to be made or secured to or for the benefit of a child may begin with the date of the making of an application for
the order in question or any later date but shall not extend beyond the date when the child will attain the age of
18.

(2) The orders specified for the purposes of subsection (1) are an order-
(a) under section 10(2)(a), 11(1)(b)(i), 12(b)(i) or 13(2)(a) for payment of a lump sum by instalments;
(b) under section 10(2)(b) or (c), 11(1)(b)(ii) or (iii), 12(b)(ii) or (iii) or 13(2)(b), (3)(a) or (4) for periodical

payments or secured periodical payments.
(3) The court may include in an order referred to in subsection (1) in relation to a child who has not attained the age

of 18 a provision extending beyond the date when the child will attain that age the term for which by virtue of
the order any payments are to be made or secured to or for the benefit of that child, if it appears to the court that-
(a) that child is, or will be, or if such an order or provision were made would be, receiving instruction at an

educational establishment or undergoing training for a trade, profession or vocation, whether or not that
child is also, or will also be, in gainful employment; or (Amended L.N. 80 of 2012)

(b) there are special circumstances which justify the making of the order or provisions.
(4) Any order made by virtue of section 10(2)(b), 11(1)(b)(ii), 12(b)(ii) or 13(2)(b) shall, regardless of anything in

the order, cease to have effect on the death of the person liable to make payments under the order, except in
relation to any arrears due under the order on the date of such death.

(Added 69 of 1997 s. 2)

Section: 13 Jurisdiction and orders on application under s. 10 E.R. 2 of 2012 02/08/2012


(1) Where an application made under section 10 relates to the custody of a minor, then subject to sections 14 and
15- (Amended 69 of 1997 s. 3)
(a) if by an order made on that application any person is given the custody of the minor, but it appears to the

court that there are exceptional circumstances making it desirable that the minor should be under the
supervision of an independent person, the court may order that the minor shall be under the supervision of
the Director of Social Welfare;

(b) if it appears to the court that there are exceptional circumstances making it impracticable or undesirable for
the minor to be entrusted to either of the parents or to any other individual, the court may commit the care



Cap 13 - Guardianship of Minors Ordinance 9

of the minor to the Director of Social Welfare. [cf. 1973 c. 29 s. 2(2) U.K.]
(2) Where the court makes an order under subsection (1)(b) committing the care of a minor to the Director of Social

Welfare, the court may make one or both of the following orders, that is to say- (Amended 65 of 1986 s. 6)
(a) an order requiring the payment by either parent to the Director of Social Welfare while the Director has the

care of the minor of such lump sum (whether in one amount or by instalments) for the immediate and non-
recurring needs of the minor, or for the purpose of enabling any liabilities or expenses reasonably incurred
in maintaining the minor before the making of the order to be met, or for both, as the court thinks
reasonable having regard to the means of that parent; (Added 65 of 1986 s. 6)

(b) an order requiring the payment by either parent to the Director of Social Welfare while the Director has the
care of the minor of such periodical sum towards the maintenance of the minor as the court thinks
reasonable having regard to the means of that parent. (Added 65 of 1986 s. 6. Amended L.N. 80 of 2012)
[cf. 1973 c. 29 s. 2(3) U.K.]

(3) On an application under section 10 the court may, in any case where it adjourns the hearing of the application for
more than 7 days, make an interim order, to have effect until such date as may be specified in the order and
containing-
(a) provision for payment by either parent to the other, or to any person given the custody of the minor, of such

periodical payments towards the maintenance of the minor as the court thinks reasonable having regard to
the means of the parent on whom the requirement is imposed; and (Amended 65 of 1986 s. 6)

(b) where by reason of special circumstances the court thinks it proper, any provision regarding the custody of
the minor or the right of access to the minor of either of his or her parents, (Amended L.N. 80 of 2012)

but an interim order under this subsection shall not be made to have effect after the end of the 3 months
beginning with the date of the order or of any previous interim order made under this subsection with respect to
the application, and shall cease to have effect on the making of a final order or on the dismissal of the
application. [cf. 1973 c. 29 s. 2(4) U.K.]

(4) The District Court may also make such an interim order where under section 23(b) it refuses to make an order on
an application under section 10 on the ground that the matter is one that would more conveniently be dealt with
by the Court of First Instance; but an interim order under this subsection shall not be made so as to have effect
after the end of the 3 months beginning with the date of the order. (Amended 25 of 1998 s. 2) [cf. 1973 c. 29 s.
2(5) U.K.]


Section: 14 Additional provisions as to supervision orders E.R. 2 of 2012 02/08/2012


(1) Where an order made by the court under section 13(1)(a) (in this section referred to as a supervision order) is
made at a time when the parents of the minor are residing together- (Amended 69 of 1997 s. 4)
(a) the order may direct that it is to cease to have effect if for a period of 3 months after it is made they

continue to reside together; and
(b) the order (whether or not it includes a direction under paragraph (a)) may direct that it is not to operate

while they are residing together. [cf. 1973 c. 29 s. 3(2) U.K.]
(2) A supervision order may be varied, discharged, suspended or revived after being so suspended by a subsequent

order made on the application of either parent or after the death of either parent, on the application of any
guardian under this Ordinance or (before or after the death of either parent) on the application of any other
person having the custody of the minor by virtue of an order under section 10(1) or on that of the Director of
Social Welfare when the Director has the supervision of the minor by virtue of the order. (Amended 65 of 1986
s. 7; L.N. 80 of 2012) [cf. 1973 c. 29 s. 3(3) U.K.]


Section: 15 Additional provisions as to order committing care of minor

to Director of Social Welfare
E.R. 2 of 2012 02/08/2012



(1) Before making an order under section 13(1)(b) committing the care of a minor to the Director of Social Welfare,
the court shall inform the Director of the court's proposal to make the order and shall hear any representations
from the Director, including any representations as to the making also of an order under section 13(2) for
payment to the Director. (Amended 65 of 1986 s. 8) [cf. 1973 c. 29 s. 4(2) U.K.]

(2) In relation to an order under section 13(1)(b) or to an order under section 13(2) requiring payment to be made to
the Director of Social Welfare, sections 10(3), (4), 19 and 20 shall apply as if the order under section 13(1)(b)
were an order under section 10 giving custody of the minor to a person other than one of the parents (and the



Cap 13 - Guardianship of Minors Ordinance 10

Director of Social Welfare were lawfully given that custody by the order), and any order for payment to the
Director were an order under section 10(2) requiring payment to be made to the Director as a person so given
that custody. (Amended 65 of 1986 s. 8; L.N. 80 of 2012) [cf. 1973 c. 29 s. 4(3) U.K.]

(3) While an order under section 13(1)(b) remains in force with respect to a minor, the minor shall continue in the
care of the Director of Social Welfare notwithstanding any claim by a parent or other person. [cf. 1973 c. 29 s.
4(5) U.K.]

(4) Each parent or guardian of a child for the time being in the care of the Director of Social Welfare by virtue of an
order under section 13(1)(b) shall give notice to the Director of any change of address of that parent or guardian
and any person who without reasonable excuse fails to comply with this subsection commits an offence and is
liable to a fine at level 1. [cf. 1973 c. 29 s. 4(6) U.K.]

(Amended E.R. 2 of 2012)

Section: 16 Additional provisions as to interim orders E.R. 2 of 2012 02/08/2012


(1) Notwithstanding section 63 of the District Court Ordinance (Cap 336), there shall be no appeal from an interim
order under section 13(3) or (4) if the appeal relates only to a provision requiring payments to be made towards
the maintenance of a minor. [cf. 1973 c. 29 s. 5(1) U.K.]

(2) Section 10(3) and (4) and section 20 shall apply to any such interim order as they apply to an order under section
10(1) or (2). [cf. 1973 c. 29 s. 5(2) U.K.]


Section: 17 Evidence on applications under s. 10 or 14(2) E.R. 2 of 2012 02/08/2012


(1) If the court dealing with an application under section 10 or 14(2) requests the Director of Social Welfare to
arrange for an officer of the Social Welfare Department to make to the court a report, orally or in writing, with
respect to any specified matter (being a matter appearing to the court to be relevant to the application), the
Director of Social Welfare shall comply with such request. (Amended L.N. 80 of 2012) [cf. 1973 c. 29 s. 6(1)
U.K.]

(2) Any statement which is or purports to be a report in pursuance of subsection (1) shall be made, or if in writing be
read aloud, before the court at a hearing of the application, and immediately after it has been so made or read
aloud the court shall ask whether any party to the proceedings who is present or represented by counsel or
solicitor at the hearing objects to anything contained therein; and where objection is made-
(a) the court shall require the officer by whom the statement was or purported to be made to give evidence on

or with respect to the matters referred to therein; and
(b) any party to the proceedings may give or call evidence with respect to any matter referred to in the

statement or in any evidence given by the officer. [cf. 1973 c. 29 s. 6(2) U.K.]
(3) The court may take account of any statement made or read aloud under subsection (2) and of any evidence given

under paragraph (a) of that subsection, so far as that statement or evidence relates to the matters specified by the
court under subsection (1), notwithstanding any enactment or rule of law relating to the admissibility of
evidence. [cf. 1973 c. 29 s. 6(3) U.K.]


Section: 18 Powers of guardians E.R. 2 of 2012 02/08/2012


(1) Subject to subsection (2), a guardian under this Ordinance besides being guardian of the person of the minor,
shall have all the rights, powers and duties of a guardian of the minor's estate, including in particular the right to
receive and recover in the name of the guardian for the benefit of the minor property of whatever description and
wherever situated which the minor is entitled to receive or recover. (Amended L.N. 80 of 2012) [cf. 1973 c. 29
s. 7(1) U.K.]

(2) Nothing in subsection (1) shall restrict or affect the power of the Court of First Instance to appoint a person to
be, or to act as, the guardian of a minor's estate either generally or for a particular purpose; and subsection (1)
shall not apply to a guardian under this Ordinance so long as there is a guardian of the minor's estate alone.
(Amended 25 of 1998 s. 2) [cf. 1973 c. 29 s. 7(2) U.K.]





Cap 13 - Guardianship of Minors Ordinance 11

Section: 19 Person subject to maintenance order to notify change of
address

E.R. 2 of 2012 02/08/2012



(1) Any person for the time being under an obligation to make payment in pursuance of any order for the payment
of money under this Ordinance shall within 14 days of a change of address give notice of his or her new address
to such person, if any, as may be specified in the order by sending the notice by registered post to the last known
address of that person or to such address as may be notified to him or her by that person for the purposes of this
section. (Amended 65 of 1986 s. 9; 69 of 1997 s. 5; L.N. 80 of 2012)

(2) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable to a fine
at level 2. (Replaced 69 of 1997 s. 5)

[cf. 1971 c. 3 s. 13(2) U.K.]

Section: 20 Attachment of income to satisfy order E.R. 2 of 2012 02/08/2012


(1AA) In this section-
Amendment Ordinance (《修訂條例》) means the Attachment of Income Order (Application to Government and

Miscellaneous Amendments) Ordinance 2007 (20 of 2007); (Added 20 of 2007 s. 3)
attachment order (扣押令) means an order made under subsection (1);
designated payee (指定受款人) means, in relation to a maintenance order, the person named in that order as the

person to whom the maintenance payments are to be made;
income source (入息來源) means a person by whom the income of the maintenance payer is payable and includes

the Government; (Added 20 of 2007 s. 3)
maintenance payer (贍養費支付人) means, in relation to a maintenance order, the person against whom that order

is made;
specified payee (指明受款人) means, in relation to an attachment order, the person named in that order as the person

to whom an amount attached by that order is to be paid.
(Added 20 of 2001 s. 2. Amended 18 of 2003 s. 3)

(1) Where a maintenance order has been made against a maintenance payer and-
(a) (i) a court is satisfied that the payer has without reasonable excuse failed to make any payment which the

payer is required to make by the maintenance order; or (Amended L.N. 80 of 2012)
(ii) a court is satisfied that there are reasonable grounds to believe that the payer will not make full and

punctual payment in compliance with the maintenance order; or
(iii) the payer and designated payee agree to the making of an order under this section; and

(b) there is any income capable of being attached payable to the payer,
the court may, in accordance with rules made under subsection (6), order the income to be attached as to the

whole or part of the amount payable under the maintenance order and the amount attached to be paid to the
specified payee. (Replaced 20 of 2001 s. 2)

(1A) For the purpose of subsection (1)(a)(ii), in deciding whether there are reasonable grounds to believe that the
maintenance payer will not make full and punctual payment in compliance with the maintenance order, the court
shall take into account all the circumstances of the case, including (but not limited to)-
(a) the payer's past record and conduct in discharging his or her reasonable financial obligation towards the

designated payee before any maintenance order is made;
(b) the payer's past record and conduct in connection with the making of maintenance payments to the payee

pursuant to the maintenance order or an undertaking in any proceedings; and
(c) the risk of the payer dissipating his or her property. (Added 20 of 2001 s. 2. Amended L.N. 80 of 2012)

(2) (Repealed 20 of 2001 s. 2)
(2A) The court may, at any time after a maintenance order has been made, including in the same hearing in which the

maintenance order is made or varied, make an attachment order. (Added 20 of 2001 s. 2)
(2B) An attachment order may be made by the court on its own motion or on the application by the maintenance

payer or the designated payee or both. (Added 20 of 2001 s. 2)
(3) An attachment order is an authority to an income source to make the payment in accordance with the order, and

the receipt of the specified payee is a good discharge to that income source. (Replaced 20 of 2007 s. 3)
(3A) Without limiting the generality of subsection (1), that subsection applies to income that is wages or salary



Cap 13 - Guardianship of Minors Ordinance 12

payable to a maintenance payer by the Government, and accordingly paragraph (a) of the proviso to section
23(1) of the Crown Proceedings Ordinance (Cap 300) is not to be construed as precluding the court from making
an attachment order in respect of such wages or salary. (Added 20 of 2007 s. 3)

(4) Without limiting the generality of subsection (1), that subsection applies to income that is wages payable to a
maintenance payer by a person other than the Government, and accordingly section 66 of the Employment
Ordinance (Cap 57) is not to be construed as precluding the court from making an attachment order in respect of
such wages. (Replaced 20 of 2007 s. 3)

(5) Where-
(a) pursuant to an attachment order, an employer is required to make a deduction from the wages of an

employee in any wage period; and (Amended L.N. 80 of 2012)
(b) that deduction, together with any deduction authorized to be made under section 32 of the Employment

Ordinance (Cap 57) by the employer from the employee's wages in the same wage period would in total
exceed the whole of the wages payable to the employee in respect of that wage period,

then the amount liable to be deducted by the employer pursuant to the attachment order shall be treated as being
reduced by such an amount that the total of all deductions made by the employer does not exceed the whole of
the wages payable to the employee in respect of the wage period.

(6) The Chief Justice may make such rules of court as the Chief Justice considers necessary or expedient for the
purpose of giving effect to subsection (1), and rules made under this subsection may in particular provide for-
(Amended L.N. 80 of 2012)
(a) the matters to be contained in any application for an attachment order, and the manner of filing and service

of such an application;
(b) compliance with an attachment order;
(c) the obligations on the part of the income source; (Replaced 20 of 2007 s. 3)
(d) the obligations of the maintenance payer when an attachment order is in force or in the event of an

attachment order ceasing to have effect for any reason;
(e) the recovery from the maintenance payer of the clerical and administrative costs incurred in complying with

an attachment order;
(f) the variation or discharge of an attachment order;
(g) the enforcement of an attachment order.

(6A) Rules made under subsection (6) may empower the court to dispense with or relax any procedure or abridge any
time limit specified in the rules if the court is satisfied that it is fair and reasonable to do so in the circumstances
of the case. (Added 20 of 2001 s. 2)

(7) Rules made under subsection (6) may provide that the contravention of any rule shall constitute an offence
punishable by a fine at level 2 and by imprisonment for 1 month.

(8) The Chief Justice may specify the form of any document which is to be or may be filed in proceedings under
subsection (1).

(9) Any attachment order-
(a) made by the court before the commencement date* of the Amendment Ordinance in respect of the wages or

salary payable to a maintenance payer by the Government; and
(b) which has not been discharged or declared invalid by the court as at that commencement date,

has effect from that commencement date as if it were made under subsection (1) as read with subsection (3A).
(Added 20 of 2007 s. 3)

(10) An application-
(a) for an attachment order in respect of the wages or salary payable to a maintenance payer by the

Government;
(b) that is pending immediately before the commencement date* of the Amendment Ordinance; and
(c) in which an attachment order has not been made as at that commencement date,

is to be determined in accordance with this section as amended by the Amendment Ordinance. (Added 20 of
2007 s. 3)

(Replaced 69 of 1997 s. 6)
___________________________________________________________________
Note:
* Commencement date: 23 November 2007.




Cap 13 - Guardianship of Minors Ordinance 13

Section: 20A Interest on arrears of maintenance E.R. 2 of 2012 02/08/2012


(1) In this section and section 20B—
*commencement date (生效日期) means the date on which the Interest and Surcharge on Arrears of Maintenance

Ordinance 2003 (18 of 2003) comes into operation;
judgment creditor (判定債權人) means a person entitled to enforce a maintenance order;
judgment debtor (判定債務人) means a person liable under a maintenance order.
(2) Where a maintenance order has been made against a judgment debtor, and the judgment debtor fails to make full

and punctual payment in compliance with the maintenance order, the judgment creditor is entitled to interest in
respect of arrears of maintenance which accrue on or after the commencement date.

(3) For the purposes of subsection (2)—
(a) the arrears in respect of each periodical payment, secured periodical payment or payment of a lump sum, as

the case may be, under a maintenance order shall be treated as a judgment debt for the purposes of section
50 of the District Court Ordinance (Cap 336);

(b) the interest under subsection (2) shall be calculated in accordance with that section 50; and
(c) for the purposes of that section 50, the date on which payment is due as specified by the maintenance order

shall be treated as the date of the judgment.
(4) The judgment debtor is liable to pay the interest under subsection (2).
(5) If any payment under a maintenance order is not paid and interest in respect of the arrears has accrued under

subsection (2), and subsequently the judgment debtor makes payment, the payment is deemed to be made in the
following order in or towards the discharge of—
(a) interest accrued under subsection (2);
(b) surcharge payable under section 20B;
(c) if there are any proceedings instituted for enforcing the maintenance order, the costs ordered by the court to

be paid under those proceedings;
(d) any sums from time to time falling due under the maintenance order, with the sums discharged in the

reversed chronological sequence of the dates on which payment is due (that is, the most recent arrears will
be discharged first);

(e) if the court makes an order in any proceedings instituted for enforcing the maintenance order, the amount of
the maintenance in arrears, whether in one amount or by instalments, payable by the judgment debtor under
the order.

(6) A judgment debtor who considers that he or she has reasonable grounds not to pay the interest under subsection
(2) may, within a reasonable time after having knowledge of the requirement to pay, apply by summons to the
court not to pay the interest, and shall set out the grounds in the application. (Amended L.N. 80 of 2012)

(7) If an application is made under subsection (6), in deciding whether to require the judgment debtor to pay interest
and, if so, the amount of interest, the court shall take into account all the circumstances of the case, including
(but not limited to) the following—
(a) whether the judgment debtor has a reasonable excuse for his or her failure to comply with the maintenance

order; (Amended L.N. 80 of 2012)
(b) whether the judgment debtor has evaded service of court documents;
(c) the judgment debtor’s past record and conduct in connection with the making of maintenance payments to

the judgment creditor pursuant to the maintenance order or an undertaking in any proceedings;
(d) whether the judgment debtor has given the judgment creditor a reasonable explanation for his or her failure

to comply with the maintenance order; and (Amended L.N. 80 of 2012)
(e) the judgment debtor’s ability to pay.

(8) A judgment debtor who is aggrieved by a requirement under subsection (7) to pay interest may appeal to the
Court of Appeal against the decision under section 63 of the District Court Ordinance (Cap 336).

(Added 18 of 2003 s. 4)
________________________________________________________________________________
Note:
* Commencement date : 1 May 2005.




Cap 13 - Guardianship of Minors Ordinance 14

Section: 20B Surcharge on arrears of maintenance E.R. 2 of 2012 02/08/2012


(1) Where a maintenance order has been made against a judgment debtor, and the judgment debtor, without
reasonable excuse, repeatedly fails to make full and punctual payment in compliance with the maintenance
order, the court may, on application made by the judgment creditor, make an order requiring the judgment debtor
to pay to the judgment creditor a surcharge in respect of the total arrears of maintenance which accrue on or after
the commencement date.

(2) The application for a surcharge under subsection (1) may be made—
(a) in proceedings instituted for enforcing the maintenance order; or
(b) in a manner described in subsections (3), (4), (5), (6), (7), (8) and (9).

(3) For the purposes of subsection (2)(b), the application for a surcharge shall be made by a summons supported by
an affidavit of the judgment creditor stating—
(a) the name of the judgment creditor and the address for service of the documents relating to the application;
(b) the name and the address for service or last known address of the judgment debtor;
(c) the particulars of the maintenance order;
(d) the total arrears of maintenance due and unpaid and the date on which the arrears first accrued;
(e) a request for an order requiring the judgment debtor to pay surcharge at a rate to be decided by the court

under subsection (11);
(f) a request for fixing a date, time and place for the hearing of the application;
(g) a request for an order requiring the judgment debtor to pay to the judgment creditor the surcharge claimed if

the judgment debtor does not appear at the hearing.
(4) On receipt of the summons and affidavit, the court shall fix a date, time and place for the hearing of the

application.
(5) The judgment creditor shall serve a sealed copy of the summons and a copy of the affidavit, together with a

notice of the hearing, on the judgment debtor.
(6) Without prejudice to any enactment relating to the service of documents and save as is otherwise expressly

provided, the summons, affidavit and notice may—
(a) be personally served on the judgment debtor; or
(b) be sent—

(i) if the judgment debtor is represented, by post to the solicitor acting for that judgment debtor, or by
leaving the same with the solicitor; or

(ii) if the judgment debtor is unrepresented, by post to the address for service given by that judgment
debtor or that judgment debtor’s last known address, or by leaving the same at the address for service
or the last known address of that judgment debtor; or (Amended L.N. 80 of 2012)

(c) be served in such other manner as the court directs.
(7) If the judgment debtor fails to appear at the hearing of the application on the date fixed under subsection (4),

then—
(a) if the court is satisfied that the summons, affidavit and notice have been duly served on the judgment

debtor, it may proceed to hear the application and may make an order requiring the judgment debtor to pay
a surcharge to the judgment creditor;

(b) if the court is not satisfied that the summons, affidavit and notice have been duly served on the judgment
debtor, it may adjourn the hearing to a date, time and place as it thinks fit.

(8) The judgment creditor shall serve a notice of the adjourned hearing on the judgment debtor.
(9) If the judgment debtor fails to appear at the adjourned hearing on the date fixed under subsection (7)(b), the

court may proceed to hear the application and may make an order requiring the judgment debtor to pay a
surcharge to the judgment creditor.

(10) If the judgment debtor, within a reasonable time after having knowledge of the order made under subsection
(7)(a) or (9), applies by summons to vary or set aside the order, the court may, if it is satisfied that there is
reasonable excuse for the judgment debtor’s failure to—
(a) appear at the hearing; and
(b) make full and punctual payment in compliance with the maintenance order,

vary or set aside the order on such terms as it thinks fit.
(11) The amount of surcharge payable by the judgment debtor under subsection (1) shall not exceed 100% of the total

arrears of maintenance calculated from the date on which the arrears first accrued to the date of payment of the



Cap 13 - Guardianship of Minors Ordinance 15

surcharge.
(12) If the court makes an order requiring the judgment debtor to pay a surcharge, it shall specify in the order the

amount of surcharge payable by the judgment debtor and the date of payment.
(13) A surcharge payable under this section is recoverable as a civil debt due to the judgment creditor by the

judgment debtor. An action under this subsection may be brought in the District Court even though the amount
to be recovered otherwise exceeds the limit of jurisdiction of the District Court.

(14) A judgment debtor who is aggrieved by an order to pay a surcharge may appeal to the Court of Appeal against
the order under section 63 of the District Court Ordinance (Cap 336).

(Added 18 of 2003 s. 4)

Part: 5 Illegitimate Children E.R. 2 of 2012 02/08/2012




Section: 21 Application to illegitimate children E.R. 2 of 2012 02/08/2012


For the purposes of sections 5, 6, 7, 8D and 11, a person who is the natural father of a child who is illegitimate shall
not be treated as the father of the minor unless- (Amended 1 of 2012 s. 10)

(a) he is entitled to the custody of the minor by virtue of an order in force under section 10(1); or
(b) he enjoys any rights or authority with respect to the minor by virtue of an order in force under section

3(1)(d),
but any appointment of a guardian made by the natural father of an illegitimate child under section 6(1) shall be of no
effect unless the appointor is entitled to the custody of the minor as under paragraph (a), or to enjoy any rights or
authority with respect to the minor as under paragraph (b), immediately before his death.

(Replaced 17 of 1993 s. 19)

Part: 6 Jurisdiction, Procedure and Appeals E.R. 2 of 2012 02/08/2012




Section: 22 (Repealed 32 of 1988 s. 2) 30/06/1997




Section: 23 Procedure in District Court E.R. 1 of 2013 25/04/2013


Except as otherwise expressly provided in this Ordinance, Part 4 of the District Court Ordinance (Cap 336) shall apply
to every proceeding before, and every order by, the District Court under this Ordinance, and- (Amended 69 of 1997 s.
7)

(a) the application may be heard and determined otherwise than in open court;
(b) where the District Court considers that the matter is one which could more conveniently be dealt with by

the Court of First Instance, the District Court may refuse to make an order and in that case, without
prejudice to the general right of appeal conferred by Part 4 of the District Court Ordinance (Cap 336), no
appeal shall lie from the decision of the District Court; (Amended 25 of 1998 s. 2)

(c) an order for the payment of money shall be enforceable in like manner as an order for the payment of a civil
debt.

(Amended E.R. 1 of 2013)

Section: 24 Removal to Court of First Instance E.R. 2 of 2012 02/08/2012


Where any application has been made under this Ordinance to the District Court, the Court of First Instance shall, at
the instance of any party to the application, order the application to be removed to the Court of First Instance and there
proceeded with on such terms as to costs as it thinks proper.

(Amended 25 of 1998 s. 2)
[cf. 1971 c. 3 s. 16(1) U.K.]





Cap 13 - Guardianship of Minors Ordinance 16

Section: 25 Saving for powers of Court of First Instance E.R. 2 of 2012 02/08/2012


Nothing in this Ordinance shall restrict or affect the jurisdiction of the Court of First Instance to appoint or remove
guardians or otherwise in respect of minors.

(Amended 25 of 1998 s. 2)
[cf. 1971 c. 3 s. 17(1) U.K.]


Section: 26 Jurisdiction over persons not domiciled in Hong Kong E.R. 2 of 2012 02/08/2012


The jurisdiction conferred on any court by this Ordinance shall be exercisable notwithstanding that any party to the
proceedings is not domiciled in Hong Kong.

[cf. 1971 c. 3 s. 17(2) U.K.]

Section: 27 Transitional E.R. 2 of 2012 02/08/2012


The amendments made to section 19 of this Ordinance by section 5 of the Marriage and Children (Miscellaneous
Amendments) Ordinance 1997 (69 of 1997) (the amending Ordinance) do not apply in relation to orders made before
the commencement of the amending Ordinance, and the provisions of this Ordinance in force immediately before that
commencement continue to apply in relation to those orders as if the amending Ordinance had not been enacted.

(Added 69 of 1997 s. 8)

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