Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 90

PROCEEDINGS CONCERNING MINORS

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 3. Application
to make a minor a ward of court (O. 90, r. 3)

(1) Where an action to which a minor is a party is proceeding, an application
to make that minor a ward of court may be made by summons in the action; but
except in that case an application to make a minor a ward of court must be
made by originating summons.

(2) Where there is no person other than the minor who is a suitable defendant,
an application may be made ex parte to the Registrar for leave to issue either
an ex parte originating summons or an originating summons with the infant as
defendant thereto; and, except where such leave is granted, the minor shall
not be made a defendant to an originating summons under this rule in the first
instance.

(3) Particulars of any summons under this rule shall be recorded in the
register of wards.

(3A) The date of the minor's birth shall, unless otherwise directed, be stated
in the summons and the plaintiff shall-

   (a)  on issuing the summons or before or at the first hearing thereof lodge
        in the Registry a certified copy of the entry in the birth register
        book kept under the Births and Deaths Registration Ordinance ( Cap 
        174) or, as the case may be, in the Adopted Children Register
        maintained under the Adoption Ordinance ( Cap 290), relating to the
        minor, or

   (b)  at the first hearing of the summons apply for directions as to proof
        of birth of the minor in some other manner.

(3B) The name of each party to the proceedings shall be qualified by a brief
description in the body of the summons, of his interest in, or relationship
to, the minor.

(4) Unless the Court otherwise directs, the summons shall state the
whereabouts of the minor or, as the case may be, that the plaintiff is unaware
of his whereabouts.

(5) Every defendant other than the minor shall, forthwith after being served
with the summons-

   (a)  lodge in the Registry a notice stating the address of the defendant
        and the whereabouts of the minor or, as the case may be, that the
        defendant is unaware of his whereabouts, and

   (b)  unless the Court otherwise directs, serve a copy of the notice on the
        plaintiff.

(6) Where any party other than the minor changes his address or becomes aware
of any change in the whereabouts of the minor after the issue of, as the case
may be, service of the summons, he shall, unless the  Court otherwise directs,
forthwith lodge notice of the change in the Registry and serve a copy of the
notice on every other party.

(7) The summons shall contain a notice to the defendant informing him of the
requirements of paragraphs (5) and (6).

(8) In this rule any reference to the whereabouts of a minor is a reference to
the address at which and the person with whom he is living and any other
information relevant to the question where he may be found.

3A. Enforcement of order by bailiff (O. 90, r. 3A)

The power of the Court of First Instance to secure, through an officer
attending upon the Court, compliance with any direction relating to a ward of
court may be exercised by an order addressed to the bailiff.

(25 of 1998 s. 2)

4. When minor ceases to be ward of court (O. 90, r. 4)

(1) A minor who, by virtue of section 26(2) of the High Court  Ordinance,
becomes a ward of court on the issue of a summons under rule 3 shall cease to
be a ward of court- (25 of 1998 s. 2)

   (a)  if an application for an appointment for the hearing of the summons is
        not made within the period of 21 days after the issue of the summons,
        at the expiration of that period;

   (b)  if an application for such an appointment is made within that period,
        on the determination of the application made by the summons unless the
        judge hearing it orders that the minor be made a ward of court.

(2) Nothing in paragraph (1) shall be taken as affecting the power of
the Court under section 26(3) of the said Ordinance to order that any minor
who is for the time being a ward of court shall cease to be a ward of court.

(3) If no application for an appointment for the hearing of a summons under
rule 3 is made within the period of 21 days after the issue of the summons, a
notice stating whether the applicant intends to proceed with the application
made by the summons must be left at the Registry immediately after the
expiration of that period.

4B. Hearing of an application to make a minor a ward of Court (O. 90, r. 4B)

(HK) An application to make a minor a ward of court may be disposed of in
chambers and shall be heard by a judge.

5. Applications under the Guardianship of Minors Ordinance (O. 90, r. 5)

Where there is pending any action or other proceeding by reason of which a
minor is a ward of court, any application under the Guardianship of Minors 
Ordinance ( Cap 13) with respect to that minor may be made by summons in the
proceedings, but except in that case any such application must be made by
originating summons.

6. Defendants to summons (O. 90, r. 6)

(1) Where the minor with respect to whom an application under the
Guardianship of Minors Ordinance ( Cap 13) is made is not the plaintiff he
shall not, unless the Court otherwise directs, be made a defendant to the
summons or, if the application is made by ordinary summons, be served with the
summons, but, subject to paragraph (2), any other person appearing to be
interested in, or affected by, the application shall be made a defendant or be
served with the summons, as the case may be.

(2) The Court may dispense with service of the summons (whether originating or
ordinary) on any person and may order it to be served on any person not
originally served.

7. Hearing of applications as to guardianship, maintenance, etc. (O. 90, r. 7)

(1) Applications as to the guardianship of minors may be disposed of in
chambers and shall be heard by a judge.

(2) Applications as to the maintenance and advancement of any minor may be
disposed of in chambers.

8. Verification and passing of guardians accounts (O. 90, r. 8)

(HK) A guardian's account must be verified and passed in the same manner as
that provided by Order 30 in relation to a receiver's account or in such other
manner as the Court may direct.

10. Removal of guardianship proceedings from the District Court (O. 90, r. 10)

(1) An application for an order under section 24 of the
Guardianship of Minors Ordinance ( Cap 13) for the removal of an application
from a District Court into the Court shall be made by an originating summons
and, unless the Court otherwise directs, the summons need not be served on any
person.

(2) The application may be heard by a master, but, if an order is made for the
removal to the Court of the application to the District  Court, that
application shall be heard by a judge. (HK)(3A) Section 44, subsections (1),
(2) (except the proviso) and

(4), of the District Court Ordinance ( Cap 336) shall apply to an application
ordered to be transferred to the Court under this rule.

(5) The application so removed shall proceed in the Court as if it had been
made by originating summons.

11. Application of Matrimonial Causes Rules (O. 90, r. 11)

(1) The provisions of the Matrimonial Causes Rules ( Cap 179 sub. leg.)
relating to proceedings under section 48 of the Matrimonial Causes  Ordinance
( Cap 179) shall apply, with the necessary modifications, to proceedings under
sections 13(1), 14 and 15 of the Guardianship of Minors  Ordinance ( Cap 13).

(2) The provisions of the Matrimonial Causes Rules ( Cap 179 sub. leg.)
relating to the drawing up and service of orders shall apply to proceedings
under this Order as if they were proceedings under those rules. (Enacted 1988)