### Family Procedure Ordinance 《家事訴訟程序條例》

8. Transfer of proceedings between CFI and Family Court
(Not yet in operation)(1) This section applies in relation to every family proceeding (other than an inherent jurisdiction proceeding).
(2) The Family Court may, on its own initiative or at the instigation of a party, transfer a family proceeding before it to the CFI either in whole or in part if, having regard to all the circumstances, the Family Court considers that the proceeding ought to be heard in the CFI.
(3) The CFI may, on its own initiative or at the instigation of a party, transfer or retransfer a family proceeding before it to the Family Court, either in whole or in part—
(a) for the conduct of a financial dispute resolution hearing or a children dispute resolution hearing; or
(b) if, having regard to all the circumstances, the CFI considers that the proceeding ought to be heard in the Family Court.
(4) If a family proceeding has been transferred from the CFI to the Family Court, the Family Court may not retransfer the proceeding back to the CFI unless—
(a) the Family Court is satisfied that there is a change in circumstances since the transfer from the CFI such that, having regard to all the circumstances, the Family Court considers that the proceeding ought to be heard in the CFI; or
(b) the Family Court is so directed by the CFI.
(5) In considering whether a family proceeding should be transferred or retransferred from one court to another, the court must, if a child is involved, regard the best interests of the child as the paramount consideration.

### Family Procedure Ordinance 《家事訴訟程序條例》

9. Transfer of applications in CFI’s inherent jurisdiction proceedings
(Not yet in operation)(1) This section applies only in relation to an inherent jurisdiction proceeding.
(2) The CFI may, on its own initiative or at the instigation of a party, transfer an application in an inherent jurisdiction proceeding before it to the Family Court either in whole or in part if—
(a) the nature of the issues of fact or law involved makes the application more suitable for hearing in the Family Court; and
(b) the application falls within the Family Court’s jurisdiction.
(3) The Family Court may, on its own initiative or at the instigation of a party, retransfer the application back to the CFI if the Family Court is satisfied that there is a change in circumstances since the transfer from the CFI such that, having regard to the nature of the issues of fact or law involved, the Family Court considers that the application ought to be heard in the CFI.
(4) However, the Family Court must retransfer the application back to the CFI if—
(a) a decision is required as to whether the child involved should remain a ward of court;
(b) the Family Court has no jurisdiction in dealing with the matter in issue; or
(c) the Family Court is so directed by the CFI.
(5) In considering whether an application should be transferred or retransferred from one court to another, the court must, if a child is involved, regard the best interests of the child as the paramount consideration.

10. Determination of family proceedings started under other Ordinances
(Not yet in operation)If the court exercises the jurisdiction under this Ordinance over a family proceeding started under another Ordinance, the court must make its determination in accordance with the provisions of that Ordinance and any subsidiary legislation made under that Ordinance.

11. Power to make declaration of beneficial ownership in favour of or against third party
(Not yet in operation)(1) In a family proceeding, the court has power to make a declaration of beneficial ownership in favour of or against a third party.
(2) The court must, before making a declaration of beneficial ownership in favour of or against a third party, direct that the third party be joined as a party to the proceeding or that notice of the proceeding be served on the third party, unless it is not practicable to do so.

12. Finality of court order
(Not yet in operation)Unless otherwise provided by an enactment, an order of the court in a family proceeding is final and conclusive between the parties.

### Family Procedure Ordinance 《家事訴訟程序條例》

13. Powers of judge
(Not yet in operation)(1) If an enactment or a Practice Direction provides for the court to perform a function in relation to a family proceeding, then unless otherwise provided by another enactment, the function may be performed—
(a) in relation to a proceeding in the CFI—by a CFI Judge; and
(b) in relation to a proceeding in the Family Court—by a Family Judge.
(2) A CFI Judge hearing a family proceeding has all the powers conferred on a judge of the CFI by the High Court Ordinance (Cap. 4) in relation to civil cases.
(3) A Family Judge hearing a family proceeding has all the powers conferred on a judge of the District Court by the District Court Ordinance (Cap. 336) in relation to civil cases.

14. Power of judge in chambers
(Not yet in operation)A judge may exercise in chambers the jurisdiction vested in the court in relation to family proceedings as provided by the Rules.

15. Jurisdiction, powers and duties of Registrar and Master
(1) The Registrar may under the general or special directions of a judge hear and determine an application or matter in a family proceeding that may be heard and determined in chambers.
(2) All the jurisdiction, powers and duties conferred on the Registrar in relation to family proceedings may be exercised and performed by a Master.

16. Proceedings generally started in Family Court
(Not yet in operation)Subject to section 17, a family proceeding for a matter must start in the Family Court unless—
(a) the CFI has exclusive jurisdiction in the matter;
(b) another enactment requires the proceeding to start in the CFI; or
(c) there are exceptional circumstances.

### Family Procedure Ordinance 《家事訴訟程序條例》

17. Proceedings in original court for specific applications
(Not yet in operation)An application in relation to an order or direction referred to in the following provisions must be made to the court that made the order or direction—
(a) section 4(4), 10(4), 11(2), 12(c), 14(2) or 20B(10) of the Guardianship of Minors Ordinance (Cap. 13);
(b) section 7(1) or 9C(10) of the Separation and Maintenance Orders Ordinance (Cap. 16);
(c) section 48(2) or (3), 48A(5) or 53B(10) of the Matrimonial Causes Ordinance (Cap. 179);
(d) section 5(6) of the Maintenance Orders (Reciprocal Enforcement) Ordinance (Cap. 188);
(e) section 7A of the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189);
(f) section 11, 12, 13, 19(6), 23 or 28AB(10) of the Matrimonial Proceedings and Property Ordinance (Cap. 192);
(g) section 13(1) of the Parent and Child Ordinance (Cap. 429) (in so far as it relates to the revocation or variation of a direction);
(h) section 8(1), 9(2) or 18(1) of the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481).

18. Proceedings generally heard in private
(Not yet in operation)(1) Unless otherwise provided by an enactment, a family proceeding, whether held in court or in chambers, must be heard in private and in accordance with the Practice Direction on mode of hearing.
(2) However, subject to subsection (3), a matrimonial cause must be heard in open court.
(3) In a proceeding for nullity of marriage, evidence on the question of sexual capacity must be heard in private.
(4) Despite subsection (1), the court may, having regard to Article 10 of the Hong Kong Bill of Rights set out in Part II of the Hong Kong Bill of Rights Ordinance (Cap. 383), order the hearing of a family proceeding to be open to the public.
(5) Despite subsection (2), the court may, having regard to Article 10 of the Hong Kong Bill of Rights set out in Part II of the Hong Kong Bill of Rights Ordinance (Cap. 383), order the hearing of a matrimonial cause to be in private.