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

5. Rights of surviving parent as to guardianship
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 jointly with any guardian appointed under this Part.
(Replaced 1 of 2012 s. 5)

6. Power of parent and guardian to appoint guardian
(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)

7. When guardianship takes effect automatically
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)

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

8. Assumption of guardianship by application
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)

8A. Guardian appointed under section 6 to act jointly with surviving parent or surviving guardian
(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 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)

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

8B. Revocation of guardian appointment
(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)

8C. Guardian may disclaim appointment
(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)