Re "A" and "B"

HCMP 1652/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1652 OF 2007

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Before:  Hon Lam J in Chambers (Not open to public)

Dates of Hearing:  17 September & 19 December 2007 and 21 January 2008

Date of Judgment:  10 March 2008

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J U D G M E N T

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1.This is an application under Section 6 of the Parent and Child Ordinance.  The Applicants, acting by their next friend seek a declaration from this court that the Respondent is their natural father and in law their parent.

2.The Respondent does not contest the application.

3.I need not go into the details of the application.  There is cogent scientific evidence by way of DNA testing supporting the application.

4.Given that the application is uncontested, the court may consider whether the papers should be sent to the Secretary for Justice.  On the facts of the present case, I am satisfied there is no basis for concern and it would not be manifestly contrary to public policy to grant the declaration.

5.No rule has been made under the Ordinance.  Similar statutory provisions are in place in England (Section 55A of the Family Law Act 1986 as amended by Child Support, Pensions and Social Security Act 2000).  Such applications are governed by Rules 3.13 and 3.16 of the Family Proceedings Rules 1991.  An application shall be made by Form FL423.  An order in England shall be in Form FL424.

6.In my view, pending any rules being prescribed under the Ordinance, it is helpful to follow the English practice and the court in Hong Kong would expect similar information as those set out in Form FL423 in support an application under Section 6 of the Ordinance.

7.The evidence filed on behalf of the Applicants contained such information.  Based on the evidence, I am satisfied that the Applicants are domiciled in Hong Kong and have been habitually resident in Hong Kong for more than one year.

8.As regards another person who might be interested, having heard submissions regarding his involvement with the lives of A and B, I am satisfied that it is not necessary to join him nor notify him as to the present proceedings.

9.Though Section 8 of the Ordinance provides that the form of the declaration shall be prescribed by the rules and no rule has so far been made, I am aware that similar declarations have previously been granted in other cases.  In the circumstances, I see no reason why we should not follow the English practice in making a declaration similar to the one set out in Form FL 424 with a slight modification given the difference in the wording of Section 6(1) and Section 55A.

10.I will therefore make a declaration that D is in law the parent of A and B.  The draft provided by the solicitors is revised accordingly.

11.The Registrar shall notify the Registrar of Births and Deaths of the making of the declaration pursuant to Section 6(4) of the Ordinance.

Mr Kenneth Wong, of Messrs Woo, Kwan, Lee & Lo, for the Applicants

Ms Sherman Cheung, of Official Solicitor