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THE LAW REFORM COMMISSION OF HONG KONG - page 334 / 360

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Criteria for appointment of separate representative

15.58The Australian list of criteria for appointing a separate representative is useful as a checklist for guiding the court on the circumstances where it is appropriate to appoint a separate representative.1382  Since we were undecided whether the criteria should be included in legislation or not, submissions are invited from the public in this consultation exercise.  We also recommend that a separate representative of the child should be appointed on a more frequent basis in Hong Kong. (Paragraph 6.136)

Guidelines for duties of separate representative

15.59We 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.1383  This would be useful in clarifying the exact nature of the roles.  (Paragraph 6.140)

Child as a party

15.60We recommend that, in principle, provided the leave of the court was sought, the child should be allowed to become a party to proceedings which concern him and where he has sufficient understanding to instruct solicitor and counsel to represent him.  We recommend a provision on the lines of section 10(8) of the Children Act 1989 and rule 9(2A) of the Family Proceedings Rules 1991. (Paragraph 6.142)

Costs

15.61For those cases where the person representing the child is not the Official Solicitor, we recommend that the court be given power to order the parties to bear the costs of the separate representative or guardian ad litem.  (Paragraph 6.143)

Part F - Reforms to relevant matrimonial ordinances

Separation and Maintenance Orders Ordinance (Cap 16)

15.62We welcome submissions on whether the Separation and Maintenance Orders Ordinance (Cap 16) is of any practical use, rather than embarking on detailed recommendations for its reform.  (Paragraph 6.146)

Domestic Violence Ordinance (Cap 189)

15.63We recommend that the court should be given power, when making an injunction under the Domestic Violence Ordinance (Cap 189), to suspend a prior access or contact order or vary a prior order so as to make a supervised access or

1382 The criteria were set out in Re K [1994] FLC 92-461 at 80.  See chapter 5 supra.

1383 See chapter 5 supra.

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