EQUALITY IN FAMILY LAW
ARTICLE 16
EQUALITY IN FAMILY LAW

Review of minimum marriage age

163.

In the light of paragraphs 66 and 67 of the Concluding Observations on minimum marriage age, as well as the LRC Report on Child Custody and Access published in 2005, the Government commissioned a study through the Family Council in June 2018. The study will examine, among other things, issues related to minimum marriage age, including the relationship between marriage age and divorce rate as well as length of marriage in overseas jurisdictions, and conduct analysis on the situation in Hong Kong. We will take into account the findings of the study before formulating the way forward.

Matrimonial litigation

Family mediation

164.

In 2017, the Family Mediation Coordinator’s Office (“the Office”) held 454 information sessions with 954 attendees to assist couples to consider mediation to resolve their matrimonial disputes. In May 2018, the Office merged with the Mediation Information Office of the Judiciary to become the Integrated Mediation Office, furthering the objective of providing a focal point of enquiry for mediation in proceedings on matrimonial and family matters, as well as other civil cases.

Maintenance orders

165.

The Government has introduced a series of measures to improve the maintenance system through legislative and administrative means to enhance the effectiveness of the system of collection of maintenance payments and enforcement of maintenance orders. Key measures taken to date include relaxing the requirement for the Court to make an attachment of income order, imposing interest or surcharge against defaulting maintenance payers as well as stepping up the publicity and education work.

166.

Some commentators have suggested that a Maintenance Board or an intermediary body to assist divorced women in the enforcement of maintenance order should be set up, and relevant studies should be carried out. In this regard, the Government commissioned a consultancy study through the Family Council on various issues related to marriage and divorce in June 2018 to facilitate our consideration of the way forward.

The arrangement on Reciprocal Recognition and Enforcement of Civil Judgments in Matrimonial and Family Cases by the Courts of the Mainland and of the HKSAR

167.

On 20 June 2017, the Government signed the Arrangement on Reciprocal Recognition and Enforcement of Civil Judgments in Matrimonial and Family Cases by the Courts of the Mainland and of the HKSAR (the Arrangement) with the Supreme People’s Court of the PRC. The Arrangement establishes a mechanism for reciprocal recognition and enforcement of civil judgments in matrimonial and family cases between Hong Kong and Mainland China, thereby providing better safeguards to families, in particular, parties to cross-boundary marriages and their children.

168.

The Arrangement will come into effect after both sides have completed their respective internal procedures. Specifically it will be implemented in the Mainland by way of a judicial interpretation and in Hong Kong by way of legislation.

Legislation regarding guardianship, wardship and adoption of children

The Adoption Ordinance

169.

The Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption continues to be implemented in Hong Kong through the Adoption Ordinance (Cap. 290).

The Guardianship of Minors Ordinance

170.

The recommendations made by the Report on Guardianship of Children of the LRC have been implemented through the Guardianship of Minors (Amendment) Ordinance 2012: the amended provisions of the Guardianship of Minors Ordinance (Cap. 13) have improved the legal arrangements relating to the appointment, removal and powers of guardians, and assisted parents in making guardianship arrangements for their children in the event of their deaths, thereby contributing to the best interests of children.

The Child Abduction and Custody Ordinance

171.

The Child Abduction and Custody Ordinance (Cap. 512) gives effect in the HKSAR to the Hague Convention on the Civil Aspects of International Child Abduction. In 2002, the LRC published the Report on International Parental Child Abduction with recommendations dealing with the law relating to child abduction across international borders by parents in contested custody cases. All the recommendations have been implemented by the Child Abduction Legislation (Miscellaneous Amendments) Ordinance 2014, empowering the law enforcement agencies to hold a child suspected of being abducted at any border control point where there is an order issued by the court prohibiting the child from leaving Hong Kong (or where an application for such an order has been made to the court) so that the child can be returned to the custodial parent or taken to a place of safety.

Matrimonial litigation
BACK
back to top