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

8D. Power of court to appoint guardian of minor
(1) After a parent or guardian of a minor dies, the court may, if it thinks fit, appoint a person to be a guardian of the minor if—
(a) no guardian has been appointed by the deceased parent or deceased guardian under section 6;
(b) the guardian appointed by the deceased parent or deceased guardian under section 6 or by the court under this section or section 8E dies; or
(c) the guardian appointed by the deceased parent or deceased guardian under section 6 has disclaimed the appointment.
(2) On application by any person, the court may, if it thinks fit, appoint the person to be the guardian of a minor if—
(a) the parent or guardian who has a custody order over the minor dies; or
(b) the minor does not have any parent, guardian or other person having parental rights with respect to the minor.
(3) The power to make an appointment under subsection (2) may also be exercised in any domestic proceedings if the court thinks that the appointment should be made even though no application has been made for it.
(Added 1 of 2012 s. 5)

8E. Removal of guardian
On being satisfied that it is in the best interests of the minor, the court may, in its discretion—
(a) remove any guardian; and
(b) appoint another person to replace that guardian.
(Added 1 of 2012 s. 5)

8F. Guardian appointed by court to act jointly with surviving parent or surviving guardian
(1) A guardian appointed by the court under section 8D or 8E must act jointly with the surviving parent or surviving guardian (if any) of the minor and must continue to act after the surviving parent or surviving guardian dies.
(2) If the surviving parent or surviving guardian of a minor has appointed a guardian under section 6, the guardian appointed by the court under section 8D or 8E must act jointly with the guardian appointed by the surviving parent or surviving guardian.
(Added 1 of 2012 s. 5)

8G. Guardian to have parental rights and authority
A person appointed as the guardian of a minor under this Part has, on assuming guardianship, parental rights and authority with respect to the minor.
(Added 1 of 2012 s. 5)

8H. Remuneration for guardian
The court may authorize a guardian of a minor to be paid any remuneration for the guardianship service that it thinks fit if the guardian is not a parent of the minor.
(Added 1 of 2012 s. 5)

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

9. Disputes between joint guardians
Where 2 or more persons act as joint guardians of a minor and they are unable to agree on any question affecting the welfare of the minor, any of them may apply to the court for its direction, and the court may make such order regarding the matters in difference as it may think proper.
[cf. 1971 c. 3 s. 7 U.K.]

9A. Transitional and savings
(1) In this section—
*commencement date (生效日期) means the day on which the Guardianship of Minors (Amendment) Ordinance 2012 (1 of 2012) comes into operation;
pre-amended Ordinance (《未修訂條例》) means this Ordinance as in force immediately before the commencement date.
(2) The Guardianship of Minors (Amendment) Ordinance 2012 (1 of 2012) does not affect any proceedings under the pre-amended Ordinance that are pending immediately before the commencement date.
(3) Any appointment of a person as guardian of a minor that was made under the pre-amended Ordinance, or under the Court of First Instance’s inherent jurisdiction with respect to the minor, and is effective immediately before the commencement date is, on and after that date, taken to be an appointment made and having effect under this Ordinance.
(4) Any appointment of a person as guardian of a minor that was made under the pre-amended Ordinance and has not taken effect immediately before the commencement date is, on and after that date, to be governed by this Ordinance.
(5) To avoid doubt, any guardian appointed under the pre-amended Ordinance has the same rights and authority as a guardian appointed under this Ordinance.
(Added 1 of 2012 s. 6)Editorial Note:
* Commencement date: 13 April 2012.

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

15. Additional provisions as to order committing care of minor to Director of Social Welfare
(1) Before making an order under section 13(1)(b) committing the care of a minor to the Director of Social Welfare, the court shall inform the Director of the court’s proposal to make the order and shall hear any representations from the Director, including any representations as to the making also of an order under section 13(2) for payment to the Director. (Amended 65 of 1986 s. 8) [cf. 1973 c. 29 s. 4(2) U.K.]
(2) In relation to an order under section 13(1)(b) or to an order under section 13(2) requiring payment to be made to the Director of Social Welfare, sections 10(3), (4), 19 and 20 shall apply as if the order under section 13(1)(b) were an order under section 10 giving custody of the minor to a person other than one of the parents (and the Director of Social Welfare were lawfully given that custody by the order), and any order for payment to the Director were an order under section 10(2) requiring payment to be made to the Director as a person so given that custody. (Amended 65 of 1986 s. 8; L.N. 80 of 2012) [cf. 1973 c. 29 s. 4(3) U.K.]
(3) While an order under section 13(1)(b) remains in force with respect to a minor, the minor shall continue in the care of the Director of Social Welfare notwithstanding any claim by a parent or other person. [cf. 1973 c. 29 s. 4(5) U.K.]
(4) Each parent or guardian of a child for the time being in the care of the Director of Social Welfare by virtue of an order under section 13(1)(b) shall 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 subsection commits an offence and is liable to a fine at level 1. [cf. 1973 c. 29 s. 4(6) U.K.]
(Amended E.R. 2 of 2012)