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THE LAW REFORM COMMISSION OF HONG KONG - page 351 / 360

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(3)If the court is considering whether to make an order with the consent of all the parties to the proceedings, the court may, but is not required to, have regard to all or any of the matters set out in subsection (2).”

4.The recommended draft statutory checklist of factors based on section 1(3) of the Children Act 1989 will provide:

“(3) In the circumstances mentioned in subsection (4), a court shall have regard in particular to:

(a)the ascertainable views of the child concerned (considered in the light of his age and understanding);

(b)his physical, emotional and educational needs;

(c)the likely effect on him of any change in his circumstances;

(d) his age, maturity, sex, social and cultural background and any characteristics of the child which the court considers relevant;

(e)any harm which he has suffered or is at risk of suffering;

(f)how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

(g)the nature of the relationship of the child with each of the child’s parents and with such other persons;

(h)the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents;

(i)the range of powers available to the court under this Ordinance in the proceedings in question.”

Parental responsibilities

5.The recommended draft section on parental responsibilities based on section 1 of the Children (Scotland) Act 1995 will provide:

“1.(1)A parent has in relation to his child the responsibility:

(a)to safeguard and promote the child’s health, development and best interests;

(b)to provide, in a manner appropriate to the stage of development of the child:

(i)   direction;

(ii)  guidance,

to the child;

(c)if the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis; and

(d)to act as the child’s legal representative,

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