### Guardianship of Minors Ordinance 《未成年人監護條例》

1. Short title
This Ordinance may be cited as the Guardianship of Minors Ordinance.

2. Interpretation
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)

### Guardianship of Minors Ordinance 《未成年人監護條例》

3. General principles
(1) In relation to the custody or upbringing of a minor, and in relation to the administration of any property 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.]

### Guardianship of Minors Ordinance 《未成年人監護條例》

4. Unenforceability of agreements to give up parental rights
(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.]