Reforming Hong Kong Family Law: Still More to Do?

The International Survey of Family Law, W. Atkin (ed), (2014) Jordan Publishing, pp153-164.

Posted: 28 Jul 2014

See all articles by Anne Scully-Hill

Anne Scully-Hill

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: April 25, 2014

Abstract

Over the course of 2013 aspects of Hong Kong’s family law, including the eligibility of post-operative transsexuals to marry in their acquired gender, the meaning of ‘matrimonial property’ in ancillary relief cases and changes to the way in which the courts hear child custody cases have changed by virtue of steps taken and decisions made by the judiciary. Mostly these changes have promoted equality and enhanced respect for the traditionally disempowered and for minority rights. However, there is a limit to the change that can be effected by the judiciary alone. Change to some aspects of family law can only be delivered by the Hong Kong Administration. For example, the establishment of a Children’s Commission or the introduction of far-reaching, and necessary, reforms to legislation across the spectrum of family law and it is in the Executive’s engagement with reform of family law that more remains to be done.

Keywords: Family law, marriage, ancillary relief, children, custody, dispute resolution, children's commissioner, UNCRC

JEL Classification: K10, K19, K30, K39

Suggested Citation

Scully-Hill, Anne, Reforming Hong Kong Family Law: Still More to Do? (April 25, 2014). The International Survey of Family Law, W. Atkin (ed), (2014) Jordan Publishing, pp153-164.. Available at SSRN: https://ssrn.com/abstract=2470880

Anne Scully-Hill (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

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