### Parent and Child Ordinance 《父母與子女條例》

7. Provisions relating to the Secretary for Justice
(1) On an application for a declaration under this Part the court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Secretary for Justice.
(2) The Secretary for Justice, whether or not he is sent papers in relation to an application for a declaration under this Part, may—
(a) intervene in the proceedings on that application in such manner as he thinks necessary or expedient; and
(b) argue before the court any question in relation to the application which the court considers it necessary to have fully argued.
(3) Where any costs are incurred by the Secretary for Justice in connection with any application for a declaration under this Part, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.
(Amended L.N. 362 of 1997)[cf. 1986 c. 55 s. 59 U.K.]

8. Supplementary provisions as to declarations
(1) Any declaration made under this Part, and any application for such a declaration, shall be in the form prescribed by rules under this Ordinance.
(2) No proceedings under this Part shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.
(3) The court hearing an application under this Part may direct that the whole or any part of the proceedings shall be heard in camera, and an application for a direction under this subsection shall be heard in camera unless the court otherwise directs.

[cf. 1986 c. 55 s. 60 U.K.]

9. Meaning of mother where birth or pregnancy results from medical treatment
(1) The woman who is carrying or has carried a child as a result of the placing in her of an embryo or of sperm and eggs, and no other woman, is to be regarded as the mother of the child.
(2) Subsection (1) does not apply to any child to the extent that the child is regarded by virtue of adoption as not being the child of any person other than the adopter or adopters.
(3) Subsection (1) applies whether the woman was in Hong Kong or elsewhere at the time of the placing in her of the embryo or the sperm and eggs.

[cf. 1990 c. 37 s. 27 U.K.]

### Parent and Child Ordinance 《父母與子女條例》

11. Effect of sections 9 and 10
(1) Where by virtue of section 9 or 10 a person is to be regarded as the mother or father of a child, that person is to be regarded in law as the mother or, as the case may be, father of the child for all purposes.
(2) Where by virtue of section 9 or 10 a person is not to be regarded as the mother or father of a child, that person is to be regarded in law as not being the mother or, as the case may be, father of the child for any purpose.
(3) Where subsection (1) or (2) has effect, references to any relationship between 2 persons in any Ordinance, instrument or document (whenever enacted or made) shall, unless the contrary intention appears, be read accordingly.

[cf. 1990 c. 37 s. 29 U.K.]

12. Parental orders in favour of gamete donors
(1) The court may make an order providing for a child to be regarded in law as the child of the parties to a marriage (referred to in this section as the husband

### Parent and Child Ordinance 《父母與子女條例》

13. Court may give direction for use of scientific tests
(1) In any civil proceedings in which the parentage of any person falls to be determined, the court may, either of its own motion or on an application by any party to the proceedings, give a direction—
(a) for the use of scientific tests showing whether a party to the proceedings is or is not the father or mother of that person; and
(b) for the taking of bodily samples from that person or any party to the proceedings,
and the court may at any time revoke or vary a direction previously given under this subsection.
(2) The person responsible for carrying out scientific tests in pursuance of a direction under subsection (1) shall make to the court a report in which he shall state—
(a) the results of the tests; and
(b) the value of the results in determining whether any party to whom the report relates is or is not the father or mother of the person whose parentage is to be determined,
and the report shall be received by the court as evidence in the proceedings of the matters stated in it.
(3) Where the proceedings in which the parentage of any person falls to be determined are proceedings on an application under Part IV, any reference in this section to any party to the proceedings shall include a reference to any person named in the application.
(4) Where a report has been made to a court under subsection (2), any party to the proceedings may, with the leave of the court, or shall, if the court so directs, obtain from the person who made the report a written statement explaining or amplifying any statement made in the report, and that statement shall be deemed for the purposes of this section to form part of the report made to the court.

[cf. 1969 c. 46 s. 20 U.K.; 1987 c. 42 s. 23 U.K.]

### Parent and Child Ordinance 《父母與子女條例》

14. Consents required for taking of bodily samples
(1) Subject to subsections (3) and (4), a bodily sample which is required to be taken from any person for the purpose of giving effect to a direction under section 13 shall not be taken from that person except with his consent.
(2) The consent of a minor who has attained the age of 16 years to the taking from himself of a bodily sample shall be as effective as it would be if he were of full age; and where a minor has by virtue of this subsection given an effective consent to the taking of a bodily sample it shall not be necessary to obtain any consent for it from any other person.
(3) A bodily sample may be taken from a person under the age of 16 years, not being a person referred to in subsection (4), if the person who has the care and control of him consents.
(4) A bodily sample may be taken from a person who is suffering from mental disorder within the meaning of the Mental Health Ordinance (Cap. 136) and is incapable of understanding the nature and purpose of scientific tests if the person who has the care and control of him consents and has certified that the taking of a bodily sample from him will not be prejudicial to his proper care and treatment.
(5) This section is without prejudice to section 15.

[cf. 1969 c. 46 s. 21 U.K.]