The Secretary for Labour and Welfare has advised the Law Reform Commission of the Administration's plan to implement the recommendations in the Commission's reports on Guardianship of Children and International Parental Child Abduction. The Administration intends to take forward all the recommendations of the two reports, either in full or in a modified form.
In respect of the Guardianship of Children report (published in January 2002) the Secretary for Labour and Welfare said:
"The Law Reform Commissionˇ¦s report on Guardianship of Children made a total of nine law reform recommendations in relation to the law (mainly the Guardianship of Minors Ordinance (Cap 13)) which governs the appointment of guardians for children in the event of the death of one or both parents.
In considering the recommendations, our primary concern is the well-being of the child. We have examined carefully how this objective can best be achieved in an effective and practicable manner, having regard to the advice of various stakeholders. The Administration agrees with the LRC that the legal procedures for parents to appoint guardians for their children should be simplified and that the relevant provisions can be improved to address the shortcomings of the existing regime, so as to encourage more parents to take the positive step of making guardianship arrangements for their children. We are prepared to take forward all the recommendations.
The Labour and Welfare Bureau intends to consult the Legislative Council Panel on Welfare Services before issuing the drafting instructions in 2009-10 for a bill to implement the recommendations."
The Administration's detailed responses to the individual recommendations in the report are set out here.
In respect of the report on International Parental Child Abduction (published in April 2002), the Secretary for Labour and Welfare said:
"The Law Reform Commissionˇ¦s report on International Parental Child Abduction recommends legislative amendments to prevent, and provide remedy for, international parental child abduction. The report also sets out for the Administration's consideration the LRC's observations on the need for reform in respect of a number of related issues.
In considering the recommendations and observations, the Administration's primary concern is the well-being of the child who is the subject of international parental child abduction. We have examined carefully how this objective can best be achieved in an effective and practicable manner, having regard to the advice of various stakeholders. The Administration generally agrees with the principles advocated by the LRC, and is prepared to take forward all the recommendations, including Recommendation 4 which we plan to implement in a modified form. We have also taken note of the LRC's observations and intend to take follow-up action as appropriate.
The Labour and Welfare Bureau intends to consult the Legislative Council Panel on Welfare Services before issuing the drafting instructions in 2009-10 for a bill to implement the recommendations."
The Administration's detailed responses to the individual recommendations in the report are set out here.