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THE LAW REFORM COMMISSION OF HONG KONG - page 335 / 360

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contact order, which avoids the risk of the parents coming into physical contact with each other.  The court should also be given power to make consequential orders determining the residence of a child or any other aspect of parental responsibility that meets the best interests of the child.  (Paragraph 6.149)

15.64We also recommend that there should be an onus on the parties to disclose prior relevant orders when applying for an injunction to avoid orders being made that were inconsistent with prior custody, access, residence or contact orders. (Paragraph 6.150)

Age

15.65With the exception of one of our members, we recommend that the age of marriage be reduced to 18 without parental consent and the minimum age of 16 be retained.  (Paragraph 6.151)

15.66We recommend that a provision be enacted clearly specifying that the duration of wardship orders ceases at 18 years.  It may also be useful to make clear that the jurisdiction of the Official Solicitor ceases at the age of 18 years, except for persons suffering a disability beyond that age. (Paragraph 6.153)

15.67For the sake of consistency, we recommend that parental responsibility for children, and provisions on the lines of section 8 orders (such as orders for residence, contact or specific issues), should cease when the child reaches 18 years. (Paragraph 6.154)  

Director of Social Welfare’s powers

Definition

15.68We recommend that there should be a definition of a care order and a supervision order in the matrimonial ordinances.  We also recommend the retention of the power to order care and supervision orders in guardianship disputes and any disputes concerning the best interests of a child. (Paragraph 6.158)

Protection of Children and Juveniles Ordinance (Cap 213)

15.69We recommend that parents whose children are made the subject of care orders under the matrimonial ordinances should be entitled to have orders made to secure regular contact between them and their children.  We also recommend that section 34C(6) of the Protection of Children and Juveniles Ordinance (Cap 213) be amended to allow the court to make an order for contact when a care order is being made. (Paragraph 6.159)

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