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THE LAW REFORM COMMISSION OF HONG KONG - page 357 / 360

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Delay

18.The recommended draft section dealing with delay based on section 11 of Children Act 19891396 will provide:

“(1)In proceedings in which any question of making a section 8 order, or any other question with respect to such an order, arises, the court shall (in the light of any rules made by virtue of subsection (2)):

(a)draw up a timetable with a view to determining the question without delay; and

(b)give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.

(2)Rules of court may:

(a)specify periods within which specified steps must be taken in relation to proceedings in which such questions arise; and

(b)make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that such questions are determined without delay.”

Children’s views in the mediation process

19.The recommended draft section dealing with children’s views in mediation based on section 11(7) of Children (Scotland) Act 1995 will provide:

“(7)In considering the proposed agreement of the parties, the mediator, taking account of the child’s age and maturity, shall so far as practicable:

(i)give him an opportunity to indicate whether he wishes to express his views;

(ii)if he does so wish, give him an opportunity to express them; and

(iii)have regard to such views as he may express.”

Removal of child from jurisdiction

20.The recommended draft section dealing with removal of a child from the jurisdiction based on section 2(3) and (6) of the Children (Scotland) Act 1995 will provide:

“(3) Without prejudice to any court order, no  person shall be entitled to remove a child from, or to retain any such child outside the Hong Kong Special Administrative Region, without

1396 Section 1(2) of the Children Act 1989 is also recommended and its text is a footnote in the relevant part of chapter 6 supra.

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