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THE LAW REFORM COMMISSION OF HONG KONG - page 327 / 360

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6.37)

Acting incompatibly

15.20We recommend that a provision on the lines of section 2(8) of the Children Act 1989, which provides that a person with parental responsibility should not act incompatibly with an order concerning the child, should be adopted. (Paragraph 6.43)

Delegation of parental responsibility

15.21We recommend that a provision on the lines of the section 2(9) to (11) of the Children Act 19891368 be enacted, rather than section 3(5) of the Children (Scotland) Act 1995.  The consequence of this reform is that section 4 of the Guardianship of Minors Ordinance (Cap 13) would be repealed, though we consider it would be useful to retain the last three lines of section 4(1).1369 (Paragraph 6.45)

Continuing parental responsibility

15.22We recommend a provision on the lines of section 11(11) of the Children (Scotland) Act 1995 which states that any order shall have the effect of depriving a parent of rights and responsibilities only to the extent necessary to give effect to the order. (Paragraph 6.46)

Part C - Acquisition of parental responsibility by guardians

Appointment of guardian

15.23We recommend the adoption of a similar provision to section 5(5) of the Children Act 1989 that parents who have parental responsibility may appoint guardians by a document in writing, with their signature attested by two witnesses, without the need to make a formal will or deed.1370  We recommend the introduction of a standard form for the appointment of a guardian, which should explain briefly a guardian’s responsibilities, and be signed by the proposed guardian.  These forms could be made available at the Legal Aid Department, and the District Offices where the Free Legal Advice Scheme of the Duty Lawyer Service operate.  We also recommend that the guardian should have to accept office expressly or impliedly if he has not formally consented to act as guardian.  This could also be achieved by the completion of a form. (Paragraphs 6.47-9)

Appointment by guardian

1368 See Annex 1 infra for text.

1369 The last three lines of section 4 (1) provide “but no such agreement between husband and wife shall be enforced by any court if the court is of opinion that it will not be for the benefit of the child to give effect to it”.

1370 See Annex 1.

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