7 Oct 2014
RE Section 12 of the Parent and Child Ordinance (Cap 429)
- Citation
- RE Section 12 of the Parent and Child Ordinance (Cap 429)
- Court
- Family Court
- Case number
- FCMP60/2014
Given the novelty, potential conflict between local statutory provisions (s12(7) Parent and Child Ordinance and HRTO prohibitions), the international elements (California orders and law), and the need for an authoritative Hong Kong decision, the District Court should transfer the proceedings to the Court of First Instance for determination; ancillary interim measures regarding the child's removal and disclosure of the Social Welfare assessment are appropriate.