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THE LAW REFORM COMMISSION OF HONG KONG - page 352 / 360

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but only in so far as compliance with this section is practicable and in the interests of the child.

(2)‘Child’ means for the purposes of the section, a person under the age of eighteen years;

(3)The responsibilities mentioned in paragraphs (a) to (d) of subsection (1) above are in this Ordinance referred to as ‘parental responsibilities’; and the child, or any person acting on his behalf, shall have title to sue, or to defend, in any proceedings as respects those responsibilities.

(4)The parental responsibilities supersede any analogous duties imposed on a parent at common law; but this section is without prejudice to any other duty so imposed on him or to any duty imposed on him by, under or by virtue of any other provision of this Ordinance or of any other enactment.”

Parental rights  

6.The recommended draft section on parental rights based on section 2 of the Children (Scotland) Act 1995 will provide:

“2.(1)A parent, in order to enable him to fulfil his parental responsibilities in relation to his child, has the right:

(a)to have the child living with him or otherwise to regulate the child’s residence;

(b)to control, direct or guide, in a manner appropriate to the stage of development of the child, the child’s upbringing;

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

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

(2)Subject to subsection (3) below, where two or more persons have a parental right as respects a child, each of them may exercise that right without the consent of the other or, as the case may be, of any of the others, unless any decree or deed conferring the right, or regulating its exercise, otherwise provides.

(4)The rights mentioned in paragraphs (a) to (d) of subsection (1) above are in this Ordinance referred to as ‘parental rights’, and a parent, or any person acting on his behalf, shall have title to sue, or to defend, in any proceedings as respects those rights.

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