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THE LAW REFORM COMMISSION OF HONG KONG - page 337 / 360

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whether it was appropriate in a particular case. (Paragraph 6.167-8)

Legal aid

15.76We recommend that parents should be granted legal representation by the Duty Lawyer Service in the juvenile court and by the Legal Aid Department in the Family Court or the Court of First Instance if they fulfil the eligibility requirements where care or supervision orders are applied for, whether under the matrimonial ordinances or the Protection of Children and Juveniles Ordinance (Cap 213). (Paragraph 6.171)

15.77We also recommend that there should be legal representation for children and parents in wardship proceedings where the applicant is the Director or other public agency, as the effect of the order is to take away the responsibility of the parents.  (Paragraph 6.172)

Guidelines for duties of separate representatives

15.78We recommend the adoption of the Australian guidelines for setting out the duties of lawyers representing children and parents in the juvenile court for care and protection and supervision orders.1385  We also recommend that special training in how to interview and represent children and parents be provided to lawyers for these types of cases.1386  Only lawyers with this special training should handle these sensitive and complex cases.  We intend that these recommendations should also apply to care and supervision orders being made under the matrimonial ordinances in the Family Court.  (Paragraph 6.173)

Enforcement of orders

15.79We recommend that a mechanism for mutual legal assistance for the enforcement of orders for custody, access, residence and contact, and orders for the return of a child removed unlawfully from Hong Kong, be arranged with the Mainland.  (Paragraph 6.177)

Consolidation of ordinances

15.80We think it is important that, as far as possible, the provisions dealing with disputes relating to children, arrangements on divorce, guardianship, disputes with third parties, or disputes between parents without accompanying divorce proceedings, should be consolidated into one existing ordinance.  With the exception of one of our members, we propose that our recommendations and the existing substantive provisions on guardianship and custody should be incorporated into one consolidated ordinance.  There should also be one definition of “child”, and of “child of the family” applying across the ordinances. (Paragraph 6.180)

1385 See supra on the Australian guidelines.

1386 See chapter 5 referring to the training of separate representatives in Australia.

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