Ms Robyn HooworthMediator
Mr Anthony HungPartner
Lau, Kwong & Hung, Solicitors
Ms Jacqueline Leong, SCBarrister
Dr Athena LiuLecturer
Faculty of Law
University of Hong Kong
Mr Thomas Mulvey, JPDirector
Hong Kong Family Welfare Society
Mrs Cecilia TongRegional Officer
Social Welfare Department
Ms June WeeBarrister
Miss Wong Lai-cheungCounsellor
Hong Kong Catholic Marriage Advisory
Miss Paula Scully, Senior Government Counsel, acted as Secretary to the sub-committee.
Format of the Consultation Paper
11.This Consultation Paper examines the present state of the law of guardianship and custody in Hong Kong, and puts forward various options for reform.
12.Part I of the Paper deals with the substantive law in practice in Hong Kong and overseas. Chapter 1 deals with the legal and social background to the law, including the impact of the United Nations Convention on the Rights of the Child. Chapter 2 focuses on the substantive provisions of the various ordinances dealing with guardianship and custody and problems with them. It includes the Family Court’s way of handling these disputes, and the current situation on mediation in Hong Kong.
13.Chapters 3, 4, and 5 of the Consultation Paper deal with comparative developments from the perspective of the substantive provisions of the law. Chapter 3 focuses on the English provisions of the Children Act 1989. Chapter 4 deals with Scotland. Chapter 5 looks at substantive provisions and developments in Australia and New Zealand. Chapter 6 identifies options for reform in Hong Kong of the substantive provisions of guardianship and custody.
14.Part II of the Consultation Paper deals with non-adversarial dispute resolution for guardianship and custody disputes. Chapter 7 focuses on comparative