The Proposed Legislation to Implement the Recommendations of the Law Reform Commission Report on Child Custody and Access

Public Consultation

Purpose of the Public Consultation

  • The Law Reform Commission published a series of four reports on the law relating to guardianship and custody of children with recommendations on the appropriate changes to the law. The last one of the series was the Report on Child Custody and Access (‘the Report’), which put forward a total of 72 recommendations. The main thrust of the Report relates to the introduction into Hong Kong’s family law a “parental responsibility model” (‘the Model’), which emphasises the continuing responsibilities of both parents towards their children even after divorce. Underlying the new approach is the principle that the “best interests” of children should guide all child-related proceedings.
  • The Labour and Welfare Bureau (‘LWB’) conducted a public consultation on the Report from December 2011 to April 2012 to invite feedbacks from members of the public on the recommendation to implement the Model through legislative reforms to replace the existing custody and access arrangements under Hong Kong’s family law. From the views received during the public consultation, it was found that a clear majority supported or did not dispute the concept of the Model, but there were concerns about the actual legal provisions and the supporting measures for implementation.
  • In this regard, LWB has, in consultation with the Department of Justice, the Social Welfare Department, the Judiciary and other relevant bureaux/departments, prepared a draft Children Proceedings (Parental Responsibility) Bill and set out relevant support measures in a public consultation paper to collect public views.
  • The public consultation ended on 25 March 2016. We are grateful to all the respondents for having generously shared their views with us.

The public consultation ended on 25 March 2016. For enquiries, please contact the Labour and Welfare Bureau through the following channels:

Email address:
Fax number: 2524 7635
Address: Team 1, Labour and Welfare Bureau
11/F, West Wing, Central Government Offices,
2 Tim Mei Avenue, Tamar, Hong Kong