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THE LAW REFORM COMMISSION OF HONG KONG - page 325 / 360

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15.6The sub-committee welcome views on whether section 68F(2)(d) of the Australian Family Law Act 1975 should also be adopted though at this time we reach no conclusion on whether it should be included.1366 (Paragraph 6.14)

No-order principle

15.7The sub-committee note the rationale for the no-order principle but recommend that it should not be adopted in Hong Kong as it is unsuitable for local conditions. (Paragraph 6.16)

Part B - Parental responsibility and rights

Concept of parental responsibility

15.8We recommend that the concept of parental responsibility is more appropriate for the best interests of a child than guardianship, except that the concept of guardianship should be retained to deal with the responsibilities for a child by a third party after the death of a parent. (Paragraph 6.18)

Language

15.9We recommend the adoption of a provision on the lines of sections 1 and 2 of the Children (Scotland) Act 1995 as two separate sections, one on parental rights and one on parental responsibilities.  We recommend that the age of eighteen should apply to all the situations referred to in sections 1 and 2 of the Children (Scotland) Act 1995.  The draft sections are in Annex 1. (Paragraph 6.19-20)

Father as natural guardian

15.10We recommend that the common law right of the father to be natural guardian of his legitimate child should be abolished, on the lines of section 2(4) of the English Children Act 1989, as it is no longer appropriate in Hong Kong.  Thus, we also recommend the repeal of section 3(1)(b) of the Guardianship of Minors Ordinance (Cap 13).  (Paragraph 6.22)

Married parents

15.11We recommend the adoption of a provision on the lines of section 2(1) of the English Children Act 1989, which provides that married parents shall have parental responsibility for their child.  It should be amended, for the removal of doubt, to include reference to parents married subsequent to the birth of the child. (Paragraph 6.23)

Acquisition of parental responsibility by unmarried fathers

1366 It provides that account be taken of the practical difficulty and expense of a child having contact with a parent and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with both parents on a regular basis.

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