### Matrimonial Causes Ordinance 《婚姻訴訟條例》

48. Power to provide for supervision of children
(1) Where the court has jurisdiction by virtue of this Ordinance or of the Matrimonial Proceedings and Property Ordinance (Cap. 192) to make an order for the custody of a child and it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of an independent person, the court may, as respects any period during which the child is, in exercise of that jurisdiction, committed to the custody of any person, order that the child be under the supervision of the Director of Social Welfare. (Amended 39 of 1972 s. 33)
(2) Where a child is under the supervision of the Director of Social Welfare in pursuance of this section the jurisdiction possessed by a court to vary any order made with respect to the child’s custody, maintenance or education under this Ordinance or under the Matrimonial Proceedings and Property Ordinance (Cap. 192) shall, subject to any rules, be exercisable at the instance of that court itself. (Amended 39 of 1972 s. 33)
(3) The court shall have power from time to time by an order under this section to vary or discharge any provision made in pursuance of this section.
(4) The court shall not make an order that a child be under the supervision of the Director of Social Welfare under this section after the child has attained the age of 18, and an order made by virtue of this section shall cease to have effect as respects any child when he attains that age. (Added 69 of 1997 s. 19)
[cf. 1965 c. 72 s. 37 U.K.]

### Matrimonial Causes Ordinance 《婚姻訴訟條例》

48A. Power to commit children to care of Director of Social Welfare
(1) Where the court has jurisdiction by virtue of this Ordinance or the Matrimonial Proceedings and Property Ordinance (Cap. 192) to make an order for the custody of a child and it appears to the court that there are exceptional circumstances making it impracticable or undesirable for the child to be entrusted to either of the parties to the marriage or to any other individual, the court may, if it thinks fit, make an order committing the care of the child to the Director of Social Welfare.
(2) The court shall before making an order under this section hear any representations from the Director of Social Welfare, including any representations as to the making of a financial provision order in favour of the child.
(3) While an order made by virtue of this section is in force with respect to a child, the child shall continue in the care of the Director of Social Welfare notwithstanding any claim by a parent of the child or another person.
(4) The court shall not make an order committing the care of a child to the Director of Social Welfare under this section after the child has attained the age of 18, and an order made by virtue of this section shall cease to have effect as respects any child when he attains that age. (Replaced 69 of 1997 s. 20)
(5) The court shall have power from time to time by an order under this section to vary or discharge any provision made in pursuance of this section.
(Added 10 of 1983 s. 2)[cf. 1973 c. 18 s. 43 U.K.]

48B. Parent or guardian to inform Director of Social Welfare of change of address
Each parent or guardian of a child who, for the time being, is—
(a) under the supervision of the Director of Social Welfare by virtue of an order made under section 48; or
(b) in the care of the Director of Social Welfare by virtue of an order made under section 48A,
shall within 1 month 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 section commits an offence and is liable to a fine at level 2.
(Added 10 of 1983 s. 2. Amended E.R. 4 of 2021)

### Matrimonial Causes Ordinance 《婚姻訴訟條例》

48C. Application of section 3 of the Guardianship of Minors Ordinance
For the avoidance of doubt, section 3 of the Guardianship of Minors Ordinance (Cap. 13) (which provides that the welfare of the minor shall be the first and paramount consideration) shall apply in relation to any order for the custody care or supervision of a child which may be made under this Ordinance or the Matrimonial Proceedings and Property Ordinance (Cap. 192). 
(Added 10 of 1983 s. 2)

48D. Order for prohibiting removal of child out of Hong Kong
(1) This section applies to a child of the family as defined by section 2(1) of the Matrimonial Proceedings and Property Ordinance (Cap. 192) who is under the age of 18.
(2) If a parent of the child is a party to any proceedings under this Ordinance, that parent may apply to the court for an order prohibiting the removal of the child out of Hong Kong, or out of the custody, care or control of a person named in the application, except—
(a) with the leave of the court; or
(b) on compliance with the terms specified in the order.
(3) Unless otherwise directed by the court, the application may be made ex parte.
(Added 16 of 2014 s. 19)

### Matrimonial Causes Ordinance 《婚姻訴訟條例》

50. Abolition of actions for damages for adultery and criminal conversation
(1) After the commencement of this Ordinance, no action shall lie for—
(a) damages for adultery; or 
(b) criminal conversation. 
(2) Subsection (1) shall not have effect in relation to any action that has been commenced before the commencement of the Matrimonial Causes (Amendment) Ordinance 1995 (29 of 1995). 
(Replaced 29 of 1995 s. 16)

52. Evidence
(1)-(2) (Repealed 23 of 2003 s. 9)(3) In any proceedings for nullity of marriage, evidence on the question of sexual capacity shall be heard in camera unless in any case the judge is satisfied that in the interests of justice any such evidence ought to be heard in open court. 
[cf. 1965 c. 72 s. 43 U.K.]

53. Power to allow intervention on terms
In every case in which any person is charged with adultery with any party to a suit or in which the court may consider, in the interest of any person not already a party to the suit, that that person should be made a party to the suit, the court may if it thinks fit allow that person to intervene upon such terms, if any, as the court thinks just. 
[cf. 1965 c. 72 s. 44 U.K.]

### Matrimonial Causes Ordinance 《婚姻訴訟條例》

54A. Validation of Matrimonial Causes (Amendment) Rules 1982
For the removal of doubt, the Matrimonial Causes (Amendment) Rules 1982 (L.N. 325 of 1982) made by the Chief Justice under section 54 of the Matrimonial Causes Ordinance (Cap. 179), are deemed to have been made by the Chief Justice in the exercise of his powers under that section and under section 32 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) and accordingly to be and always to have been valid. 
(Added 72 of 1985 s. 2)

54B. Abolition of right to petition for jactitation of marriage
No person shall after the commencement of this provision be entitled to petition the court for jactitation of marriage.
(Added 80 of 1997 s. 82)