XCHRX YIU KING CHUNG v. YIU SZE YAT LING

1997, No.MP1041

IN THE HIGH COURT OF THE HONG KONG

SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS

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R U L I N G

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1. I have before me an application made in wardship proceedings concerning a minor child, Yiu Wing Tung (born 4th October 1995). The application concerns the difficulties the parties have been experiencing in exercising their respective rights of access to the child pursuant to certain interim orders made by this court on 5th November 1997.

2. These wardship proceedings have been marked from the outset by an unusual degree of anxiety on the part of the parents to ensure that their access rights are enjoyed to the full measure. The result regrettably appears to have been a lack of 'give and take' so necessary in these matters and some friction concerning the correct interpretation of this court's orders.

3. In the circumstances, with the concurrence of both parties, the orders of this court dated 5th November 1997 are amended by the deletion in toto of paragraph 3 and its replacement by a new paragraph 3 which is set out below. In all other respects, the orders of 5th November 1997 remain of full force and effect as interim orders.

4. As concerns costs, as this appears in substance to have been a mutual application, clarification being for the benefit of both parties with no obvious fault on either side, there will be no order as to costs.

5. My orders, therefore, are as follows -

1. That paragraph 3 of this court's orders dated 5th November 1997 be and is hereby varied by its deletion in full and by its replacement by the following new paragraph 3, all other orders to remain of full force and effect :

'3.The interim access order granted on 23rd May 1997 be varied to the extent that until further order the Plaintiff shall be entitled to defined access to the said minor as follows (

(a) Every Wednesday from 3.30 in the afternoon until 7.30 that same evening.

(b) Each and every weekend in the manner following; that is -

(i) On the first weekend after the making of this order and thereafter every alternate weekend, staying access from 5.30 in the evening on Friday until 7.30 in the evening of the following day, that is, the Saturday.

(ii) When not enjoying weekend staying access in terms of sub-paragraph (i) above, Plaintiff shall have staying access from 5.30 in the evening on Saturday until 7.30 in the evening of the following day, that is, the Sunday.

(c) In respect of public holidays granted to allow for the observance of traditional Chinese festivals other than Chinese New Year, staying access from 5.30 in the evening of the commencement of each festival until 6.00 in the evening of the following day.

(d) In respect of Chinese New Year, staying access for the first two days of that festival from 6.00 in the evening of the commencement of the festival until 6.00 in the evening 48 hours thereafter.

(e) In respect of all other public holidays, if such holiday lasts one day only, the Plaintiff shall be entitled to staying access for every alternate holiday from 5.30 in the evening of the night before the public holiday begins until 6.00 in the evening of the day of the holiday. If such public holiday lasts more than one day, the Plaintiff shall be entitled to staying access for one half of such holiday (calculated as far as possible according to the hours already detailed in this sub-paragraph).

(f) In respect of school holidays, the Plaintiff shall, in addition to the rights of access granted elsewhere in this order, be entitled to staying access to the child for one half of such holidays subject to the following conditions -

(i) Having regard to the length of the school summer holidays and the young age of the child, during that time when the Plaintiff has staying access to the child, the Defendant shall be entitled to have the child back in her care and control every alternate weekend from 5.30 in the evening of Friday until 6.00 in the evening of the Sunday.

(ii) In respect of the other school holidays which encompass festivals (Christmas, Chinese New Year, Easter) the parties shall ensure, so far as is possible, that their entitlement to access to the child for each festival harmonises with their entitlement to access for half of the said school holiday, the purpose being to lessen disruption to the child's settled routine.'

2. That there be no order as to costs.

(M.J. Hartmann)

Deputy Judge of the Court of First Instance