### Trading Funds Ordinance 《營運基金條例》

10. Surplus funds
(1) If, after having regard to estimated future requirements of the operation of the government service undertaken by a trading fund, the Financial Secretary is satisfied that any surpluses in the nature of distributable profits disclosed in the certified statements are in excess of the reasonable requirements for the provision of the service including the repayment of loans, the Financial Secretary may direct that the surpluses or a part of the surpluses be transferred into the general revenue.
(2) If fees authorized by an Ordinance are structured so as to recover more than the cost of the provision of a government service, including a reasonable return as set out in section 6(6)(c), the Financial Secretary may direct that the whole or part of the fees as determined by the Financial Secretary to be more than the cost of the provision of the service, including a reasonable return as set out in section 6(6)(c), shall, after collection, be paid from the trading fund into the general revenue.

11. Application of the Public Finance Ordinance (Cap. 2)
Part I (Preliminary), section 10 (General powers and duties of the Financial Secretary), section 16 (Duties of Director of Accounting Services), section 28 (Guarantees), Part V (Surcharge), section 40 (Power of Chief Executive to give directions), section 40A (Director of Accounting Services may give certain directions, etc. to public officers in receipt of certain moneys) and section 43 (Effect of dissolution of Legislative Council) only of the Public Finance Ordinance (Cap. 2) apply to a trading fund.
(Amended 68 of 1999 s. 3)

12. Closing of trading fund
(1) The Legislative Council may, on the recommendation of the Financial Secretary, resolve to close a trading fund.
(2) The Financial Secretary shall set out the arrangements to be made for the closure of the trading fund in the proposed resolution.

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

1. Short title
(Amended E.R. 4 of 2019)(1) This Ordinance may be cited as the Parent and Child Ordinance.
(2) (Omitted as spent—E.R. 4 of 2019)

2. Interpretation
In this Ordinance—
bodily sample (身體樣本) means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;
court (法院) means the High Court or the District Court;
judicial separation (裁判分居) includes a legal separation obtained outside Hong Kong and recognized in Hong Kong; (Amended L.N. 315 of 1998)
legitimated person (獲確立婚生地位人士) means a person legitimated or recognized as legitimated by or under any law;
scientific tests (科學測試), when used in connection with a direction given under Part VI, means scientific tests carried out with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue;
treatment services (助孕服務) means medical, surgical or obstetric services administered for the purpose of assisting a woman to carry a child.

3. Relationships to be determined without regard to illegitimacy
(1) In any—
(a) Ordinance or publication of the Government in the Gazette having legal effect (whenever enacted or published); or
(b) other instrument or document, made after the commencement* of this section,
references (whether express or implied) to any relationship between 2 persons shall, unless the contrary intention appears, be construed without regard to whether or not either of them, or any person through whom the relationship is deduced, is or was at any time an illegitimate person.
(2) The use, without more, of the word heir

4. Meaning of legitimate and illegitimate
(1) In this Ordinance and Ordinances enacted after the commencement* of this section, and unless the contrary intention appears—
(a) references to a legitimate person include references to any person to whom this section applies; and
(b) references to an illegitimate person do not include references to any person to whom this section applies,
and cognate references shall be construed accordingly.
(2) This section applies to any person who—
(a) is a legitimated person;
(b) is deemed to be or treated as legitimate under the Legitimacy Ordinance (Cap. 184);
(c) is an adopted person under an adoption order under the Adoption Ordinance (Cap. 290) or any adoption recognized as valid by the law of Hong Kong; or
(d) is otherwise treated in law as legitimate.

[cf. 1987 c. 42 s. 1 U.K.] Editorial Note:
* Commencement date: 19 June 1993.

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

5. Presumptions
(1) A man shall be presumed to be the father of a child—
(a) if he was married to the mother of the child at any time and if there arises by virtue of that marriage a presumption of law that the child is the legitimate child of that man; or
(b) where no man is presumed to be the father under paragraph (a), and subject to section 10(3), if he has been registered as the father of the child by an entry made after the commencement* of this section in any register of births kept by the Registrar of Births and Deaths under any Ordinance.
(2) Any presumption under subsection (1) may be rebutted by proof on a balance of probabilities.
(3) The presumption of law as to a child’s legitimacy arising by virtue of the marriage of the child’s mother at a time related to the conception or birth of the child may be rebutted by proof on a balance of probabilities.
(4) Subsection (1)(a), and the presumption referred to in subsection (3), shall apply in the case of a void or voidable marriage as they apply in the case of a valid marriage.

[cf. 1986 c. 9 s. 5 Scot] Editorial Note:
* Commencement date: 19 June 1993.

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

6. Declarations of parentage, legitimacy or legitimation
(1) Any person may apply to the court for a declaration that—
(a) a person named in the application is or was in law his parent;
(b) he is the legitimate child of his parents; or
(c) he has become, or has not become, a legitimated person.
(2) A court shall only have jurisdiction to entertain an application under this section if, at the date of the application, the applicant—
(a) is domiciled in Hong Kong;
(b) has been habitually resident in Hong Kong throughout the period of 1 year ending with that date; or
(c) has a substantial connection with Hong Kong.
(3) Where on an application for a declaration under this section the truth of the proposition to be declared is proved to the satisfaction of the court, the court shall make that declaration unless to do so would manifestly be contrary to public policy.
(4) Where a declaration is made on an application under subsection (1)(a) or (b), the Registrar of the court shall notify the Registrar of Births and Deaths, in such manner and within such period as may be prescribed, of the making of that declaration.
(5) Any declaration made under this section shall be binding on the Crown and all other persons.
(6) The court, on the dismissal of an application for a declaration under this section, shall not have power to make any declaration for which the application has not been made.
(7) No declaration which may be applied for under this section may be made otherwise than under this section by any court.
(8) No declaration may be made by any court, whether under this section or otherwise, that any person is or was illegitimate.

[cf. 1986 c. 55 ss. 56 & 58 U.K.; 1987 c. 42 s. 22 U.K.]