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THE LAW REFORM COMMISSION OF HONG KONG - page 16 / 360

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non-adversarial dispute resolution processes, particularly mediation which is now becoming the preferred method of dispute resolution for disputes involving children. Chapter 8 looks at recent English developments in how divorce and ancillary matters such as custody are dealt with.  Chapter 9 deals with family dispute resolution in Australia and New Zealand.  Chapter 10 focuses on the dispute resolution process in Canada and the United States.  Chapter 11 deals with the legal systems of Mainland China, Japan and Singapore. Chapter 12 sets out options for reforms in the dispute resolution methods of resolving guardianship and custody disputes.

15.Part III, in chapter 13, deals with the Hague Convention on the Civil Aspects of Child Abduction, and the domestic civil and criminal law on child abduction.  Chapter 14 summarises the options for reform in child abduction law.  Chapter 15 summarises the conclusions and recommendations for reform of the law in Hong Kong.  Annex 1 sets out relevant sections from the English Children Act 1989, the Children (Scotland) Act 1995 and the Australian Family Law Reform Act 1995 that the sub-committee used as a basis for some options for draft legislation for Hong Kong.  Annex 2 is a Flow Chart dealing with proposed court processes including case management and support services for the handling of disputes concerning children at the Family Court.

16.This Consultation Paper contains the preliminary recommendations of the sub-committee.  The purpose of circulating the Consultation Paper is to invite members of the public, agencies and organisations from the non-governmental sector and the relevant government bureaux and departments and other interested parties to express their views on the recommendations.  The sub-committee will take these views into account in finalising their recommendations, which will then be presented in a final report to the Law Reform Commission.

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