Cap. 13activeordinance

Guardianship of Minors Ordinance

未成年人監護條例

Full legislation

s.6

Power of parent and guardian to appoint guardian

(1)
A parent of a minor may appoint any person to be a guardian of the minor after that parent dies.
(2)
A guardian of a minor may appoint any person to be a guardian of the minor after that guardian dies.
(3)
An appointment made under this section must be in writing, dated
and—
(a)
signed either by the person making the appointment or by another person at the direction, and in the presence, of the person making the appointment; and
(b)
attested by 2 witnesses.
(4)
Despite subsection (3), a parent or guardian may appoint a guardian by a will executed in accordance with
section 5
of the Wills Ordinance (
Cap. 30
).
(5)
In appointing a guardian of a minor, a parent or guardian of the minor is required to take into account the views of the minor as far as practicable having regard to the minor’s age and understanding.
(6)
An appointment made under this section has no effect unless the appointed person accepts the office either expressly or impliedly by conduct.
(7)
An appointment under this section may be made by 2 or more persons acting jointly.
(8)
The validity of an appointment of a guardian is not affected by a failure to comply with subsection (5).