The Government is asking for public views on amending the legislation on child custody and access based on recommendations from the Law Reform Commission.
During the four-month consultation, citizens’ opinions will be collected to help refine the draft bill before it is introduced to the Legislative Council.
Announcing the details today, Secretary for Labour & Welfare Matthew Cheung noted the community has become increasingly concerned about protecting the interests and rights of children affected by divorce.
The proposal aims to put in place a 'parental responsibility model' that stresses both parents’ continuing responsibilities, rather than their individual parental rights, toward their children. It also emphasises both parents would retain responsibilities in major decisions about their children after divorce.
This is unlike the existing child custody and access law which defines the parent-child relationship in terms of guardianship, or parents’ rights and authority over children.
“The best interests of children should be the guiding principle for all court proceedings concerning children," he said.
Having also examined recent developments in other common law jurisdictions, the Government feels Hong Kong should pursue this model, and implement the commission’s recommendations through legislative or administrative means.
In consultation with the Department of Justice, the Home Affairs Bureau, the Social Welfare Department, the Judiciary and relevant bureaus and departments, the bureau has prepared a draft Children Proceedings (Parental Responsibility) Bill.
The labour and welfare chief said, in view of certain implications the draft bill will have for divorced families and their children, he sees merit in collecting the community’s views to refine it before it is introduced into the Legislative Council.
The consultation paper is available at the bureau's webpage or District Offices.
Views should be sent by post to Team 1, Labour & Welfare Bureau, 11/F, West Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, by fax to 2524 7635, or by e-mail to parentalresponsibility_consult@lwb.gov.hk, on or before March 25.
