Cap. 13activeordinance

Guardianship of Minors Ordinance

未成年人監護條例

Full legislation

s.8D

Power of court to appoint guardian of minor

(1)
After a parent or guardian of a minor dies, the court may, if it thinks fit, appoint a person to be a guardian of the minor
if—
(a)
no guardian has been appointed by the deceased parent or deceased guardian under
section 6
;
(b)
the guardian appointed by the deceased parent or deceased guardian under
section 6
or by the court under this section or
section 8E
dies; or
(c)
the guardian appointed by the deceased parent or deceased guardian under
section 6
has disclaimed the appointment.
(2)
On application by any person, the court may, if it thinks fit, appoint the person to be the guardian of a minor
if—
(a)
the parent or guardian who has a custody order over the minor dies; or
(b)
the minor does not have any parent, guardian or other person having parental rights with respect to the minor.
(3)
The power to make an appointment under subsection (2) may also be exercised in any domestic proceedings if the court thinks that the appointment should be made even though no application has been made for it.