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THE LAW REFORM COMMISSION OF HONG KONG - page 182 / 360

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unwarranted psychological testing.  The child should be interviewed, but with a younger child a court counsellor could assist.  The separate representative may take a different view from that of the court counsellor and is not bound by his report.

6.139In England the Solicitors Family Law Association (SFLA) had a code for the conduct of family lawyers who interview or represent children.  Certainly any guidelines adopted in Hong Kong should apply to lawyers or social workers acting as separate representatives or guardians ad litem and not just to the Official Solicitor.778

6.140We recommend the adoption of the Australian guidelines for setting out the duties of the Official Solicitor or separate representative or other person acting as guardian ad litem in Hong Kong.  This would be useful in clarifying the exact nature of the roles.

778 The Official Solicitor has power to appoint legal practitioners to act or conduct proceedings on his behalf, under section 5 of the Official Solicitor Ordinance (Cap 416).

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