Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law , including custody of children , and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with " clean hands " and the request was reasonable, " quantum meruit ". Changes in laws and rules have made this distinction superfluous.
119-479: Family courts hear all cases that relate to familial and domestic relationships. Each US state and each country has a different system utilized to address family law cases including decisions regarding divorce cases. Family courts were first established in the United States starting in the late 1910s at the behest of probation officers invested in the success of specialized domestic relations courts. Members of
238-408: A care order is issued the local authority must take the child into care and accommodate them for the period of time the order is in force. The local authority will have parental responsibility for the child. Parents and guardians should be given reasonable amounts of contact with the child during the time they are in care unless otherwise directed by the court. However, in urgent situations to protect
357-463: A proposed extradition amendment bill permitting the extradition of fugitives to mainland China. The protests are the largest in Hong Kong's history, with organisers claiming to have attracted more than three million Hong Kong residents. The Hong Kong regional government and Chinese central government responded to the protests with a number of administrative measures to quell dissent. In June 2020,
476-445: A child assessment order, a care order or a supervision order. If it is deemed an order is not required they may establish a date to review the case. A person is committing an offence if they knowingly take a child , who is in care, away from the responsible person as ordered by the court. It is also an offence to encourage or assist a child to run away from the responsible person; this can be punishable by imprisonment up to 6 months or
595-452: A child becomes looked after and ensure they are informed of the educational arrangements for the child. A fee may apply to services provided under Sections 17 and 18 of the Act ("other than advice, guidance or counselling") to the parents of the child, the young person if over the age of 16, or to a family member (if they receive the service). But the local authority should only charge them if it
714-461: A child's welfare. The court should take into account the child's wishes; physical, emotional and educational needs; age; sex; background circumstances; the likely effect of change on the child; the harm the child has suffered or is likely to suffer; parent's ability to meet the child's needs and the powers available to the court. Parental responsibility is defined in the Act as "all the rights, duties, powers, responsibilities and authority which by law
833-461: A consequence of nonpayment of child support, wage garnishment, revocation of driver's licenses, and denial of passport applications. Some family courts still use older criminal nonsupport statutes, even though protections afforded by constitutional criminal procedures are oftentimes not present. Most cases are presided over by a single judge without a jury, except in the State of Texas, where parents have
952-423: A court to make a decision regarding placing a child in secure accommodation it must be satisfied that the child has legal representation or has been fully informed about how to access legal aid . Children leaving care should be given advice and assistance from the local authority; this may involve giving assistance in kind or in exceptional circumstances in cash. They may also contribute to the expenses incurred by
1071-418: A fine. A recovery order can be made by the court to retrieve a child who is believed to have been abducted. All local authorities must ensure they have community homes available to use for children looked after. This may be a home which is controlled by the local authority or a voluntary organisation working on behalf of local authority. A community home may cease to be used by the local authority if it
1190-845: A four-year term. Twenty are directly elected from geographical constituencies , thirty-five represent functional constituencies (FC), and forty are chosen by an election committee consisting of representatives appointed by the Chinese central government. Thirty FC councillors are selected from limited electorates representing sectors of the economy or special interest groups, and the remaining five members are nominated from sitting district council members and selected in region-wide double direct elections . All popularly elected members are chosen by proportional representation . The 30 limited electorate functional constituencies fill their seats using first-past-the-post or instant-runoff voting. Twenty-two political parties had representatives elected to
1309-491: A neutral zone to safeguard its status as a free port. The colonial government prepared for a possible attack, evacuating all British women and children in 1940. The Imperial Japanese Army attacked Hong Kong on 8 December 1941 , the same morning as its attack on Pearl Harbor . Hong Kong was occupied by Japan for almost four years before the British resumed control on 30 August 1945. Its population rebounded quickly after
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#17327721158371428-452: A parent from exercising their full parental responsibility without consent of the court. A " residence order " (now termed a Child Arrangements Order) puts in place the arrangements for whom a child should live with. A " specific issue order " relates to directions given from the court to address a query that has arisen regarding parental responsibility for a child. Section 8 orders cannot be made in regards to children who are looked after; with
1547-417: A parent of a child has in relation to the child and his property". If the child's parents are married both have parental responsibility; if they are unmarried, the father does not automatically have parental responsibility however. A father of a child, who was not married to the mother at the time of birth may apply to the courts for parental responsibility, or this may be done through mutual agreement between
1666-434: A person must leave or not enter the home of the child or must stay away from the area the child lives. This requirement can only be ordered if it is believed that the child will not suffer significant harm if this person no-longer lives at the property. The parent or care-giver who will remain at the home must agree to this requirement. If the child is removed from the home, the exclusion requirement ceases to be in effect. In
1785-484: A person with name bearing this character. The second character 港, /hœŋ/, means a branch flow of water body, or a channel for boats to go through. This means the translation to harbour was a modern invention. There were four basic speculations, namely fragrant/incense wood, fragrant river, female pirate named 香, and red incense burner . Not all of them are plausible in face of language, history and geography evidences. The Cantonese name in Chinese character 香港
1904-506: A residence order for a child will hold parental responsibility for the time the order is in place. Despite this, the Act forbids anyone to change the child's surname or remove them from the United Kingdom without permission from all those with parental responsibility or with express permission from the court. Under section 63(3) of the [1980 c. 43.] Magistrates' Courts Act 1980 the court has powers to punish those who do not abide by
2023-559: A right to trial by jury. These muddy distinctions between criminal and civil proceedings within family courts have led to calls for reformation, arguing that the seemingly civil nature of family courts is a method used to circumvent criminal procedural protections while still maintaining criminal enforcement machinery. Cases involving children are primarily dealt with under the Children Act 1989 , amongst other statutes. As of April 22, 2014, there are two family courts: The Family Court
2142-531: A series of protests in 2014 which became known as the Umbrella Revolution. Discrepancies in the electoral registry and disqualification of elected legislators after the 2016 Legislative Council elections and enforcement of national law in the West Kowloon high-speed railway station raised further concerns about the region's autonomy. In June 2019, mass protests erupted in response to
2261-403: A solicitor. Older children may, if they disagree with the view of their Guardian, instruct their own solicitor to act on their behalf. Guardians have social work expertise but are independent of social services. A child assessment order can be requested by the local authority if they believe it would not be possible to complete a proper assessment without an order. It must only be requested if
2380-467: A sparsely populated area of farming and fishing villages, the territory is now one of the world's most significant financial centres and commercial ports. Hong Kong is the world's third-ranked global financial centre (behind New York City and London ), ninth-largest exporter, and eighth-largest importer. Its currency, the Hong Kong dollar , is the ninth most traded currency in the world. Home to
2499-490: A standalone family court, "somewhat confusedly" called the Domestic Relations Court, to further remove family matters from criminal jurisdiction. However, in reality, this new family court and those that followed blended criminal and civil components, removing the constitutional protections offered by criminal procedure while still maintaining criminal-like enforcement mechanisms. In addition, New York passed
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#17327721158372618-471: Is a highly developed territory and has a Human Development Index (HDI) of 0.956, ranking fourth in the world and currently the only place in Asia to be in the top 5. The city has the highest life expectancy in the world , and a public transport usage exceeding 90 per cent. There is no lack of tales and speculations on the etymology of Hong Kong. It was because the name was mysterious that no longer fitted
2737-610: Is a special administrative region of China . With 7.4 million residents of various nationalities in a 1,104-square-kilometre (426 sq mi) territory, Hong Kong is the fourth most densely populated region in the world. Hong Kong was established as a colony of the British Empire after the Qing dynasty ceded Hong Kong Island in 1841–1842 as a consequence of losing the First Opium War . The colony expanded to
2856-431: Is a special administrative region of China , with executive, legislative, and judicial powers devolved from the national government . The Sino-British Joint Declaration provided for economic and administrative continuity through the handover, resulting in an executive-led governing system largely inherited from the territory's history as a British colony. Under these terms and the "one country, two systems" principle,
2975-520: Is allowed to challenge their accuser is a basic principle of justice. To call an accused person "the abuser" is to prejudge the case. The Family Courts Act, 1984, was enacted by the Parliament of India to establish Family Courts for resolving disputes related to marriage and family affairs in a conciliatory manner. Family Courts are established for areas with a population exceeding one million and may be established for other areas as deemed necessary by
3094-569: Is an Act of Parliament of the United Kingdom that received royal assent on 16 November 1989 and came into substantial force across all three jurisdictions of the United Kingdom on 14 October 1991. In 1995, for the purposes of devolution , the Act was replaced by parallel legislation in Scotland and Northern Ireland . In 2016, Part III of the Act was replaced in Wales . The Act
3213-405: Is believed a child is likely to suffer significant harm if they are not taken to, or remain in, a place of safety. The name and a description of the child should be provided to court upon application if possible. The order gives the local authority parental responsibly for the child though this should only be exercised as required to safeguard or promote the welfare of the child. As part of the order,
3332-406: Is deemed that a child is not being properly educated. Before an application for an order is made, the education authority must consult with the "social service committee". An interim order may be made if there are reasonable grounds to believe that the subject child has suffered, or is likely to suffer, significant harm. An interim care or supervision order is commonly drafted so as to last until
3451-516: Is deemed unsatisfactory by the Secretary of State. If a controlled or assisted community home wishes to discontinue offering a service to local authorities they must give two years notice to the Secretary of State and the local authority. If a local authority wishes to cease using a voluntary owned community home, they must also give 2 years notice in writing. Hong Kong Hong Kong
3570-477: Is described as the most substantial reforms to children's law of the 20th century. The Act allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. It centres on the idea that children are best cared for within their own families; however, it also makes provisions for instances when parents and families do not co-operate with statutory bodies. The Children Bill
3689-427: Is either under the age of 16, or under the age of 20 receiving a full-time education (but not higher than A-Level or equivalent). Alleged abusive partners were sometimes allowed to cross examine their victims in ways that could be extremely stressful. Peter Kyle described this process as "abuse and brutalization" of women by the legal system: "Mothers need the protection of the law and they need to know in advance that
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3808-468: Is generally believed to be an early phonetic rendering of the Cantonese (or Tanka Cantonese ) of characters 香港. Sir John Davis , the second colonial governor, offered an alternative origin; Davis said that the name derived from "Hoong-keang" ("red torrent"), reflecting the colour of soil over which a waterfall on the island flowed. The simplified name Hong Kong was frequently used by 1810. The name
3927-410: Is governed by a hybrid regime that is not fully representative of the population. Legislative Council members elected by functional constituencies composed of professional and special interest groups are accountable to these narrow corporate electorates and not the general public. This electoral arrangement has guaranteed a pro-Beijing camp majority in the legislature since the handover. Similarly,
4046-465: Is much debate at present over whether the manner in which the law is administered generally leads to outcomes that are beneficial to the families concerned. In this context, see fathers' rights . Cases involving domestic violence are primarily dealt with under Part IV of the Family Law Act 1996 . In England, a family court may be called upon to order child maintenance payments, when the child
4165-423: Is reasonable to assume they can pay for the service. A care or supervision order may be granted by the court if a child is or is likely to suffer significant harm if they are not placed into local authority care. This also includes children who are "beyond parental control". The court may grant a care order in place of a supervision order if they believe it is more appropriate or vice versa. If, during family court
4284-448: Is suffering or likely to be suffering significant harm. They must then take any steps, as reasonably practicable, to ensure that the child is safeguarded. If any concerns arise regarding a child's education, the relevant local education authority should be consulted. If as part of the enquiries they are unable to gain access to the child, and they still have significant concerns, the local authority can apply for an emergency protection order,
4403-542: The Basic Law of Hong Kong for 50 years after the handover. It does not specify how Hong Kong will be governed after 2047, and the central government's role in determining the territory's future system of government is the subject of political debate and speculation. Hong Kong's political and judicial systems may be integrated with China's at that time, or the territory may continue to be administered separately. However, in response to large-scale protests in 2019 and 2020 ,
4522-591: The Basic Law of Hong Kong is the regional constitution. The regional government is composed of three branches: The chief executive is the head of government and serves for a maximum of two five-year terms. The State Council (led by the Premier of China ) appoints the chief executive after nomination by the Election Committee , which is composed of 1500 business, community, and government leaders. The Legislative Council has 90 members, each serving
4641-604: The Chinese People's Political Consultative Conference appointed by the central government. Chinese national law does not generally apply in the region, and Hong Kong is treated as a separate jurisdiction. Its judicial system is based on common law , continuing the legal tradition established during British rule. Local courts may refer to precedents set in English law and overseas jurisprudence. However, mainland criminal procedure law applies to cases investigated by
4760-563: The Chinese central government 's adherence to the "one country, two systems" principle. After reversal of the last colonial era Legislative Council democratic reforms following the handover, the regional government unsuccessfully attempted to enact national security legislation pursuant to Article 23 of the Basic Law . The central government decision to implement nominee pre-screening before allowing chief executive elections triggered
4879-582: The Kowloon Peninsula in 1860 and was further extended when the United Kingdom obtained a 99-year lease of the New Territories in 1898. Hong Kong was occupied by Japan from 1941 to 1945 during World War II . The territory was handed over from the United Kingdom to China in 1997. Hong Kong maintains separate governing and economic systems from that of mainland China under the principle of one country, two systems . Originally
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4998-734: The Office for Safeguarding National Security of the CPG in the HKSAR . Interpretative and amending power over the Basic Law and jurisdiction over acts of state lie with the central authority, making regional courts ultimately subordinate to the mainland's socialist civil law system. Decisions made by the Standing Committee of the National People's Congress override any territorial judicial process. Furthermore, in circumstances where
5117-670: The Paleolithic period. The claim is based on an archaeological investigation in Wong Tei Tung , Sai Kung in 2003. The archaeological works revealed knapped stone tools from deposits that were dated using optical luminescence dating . During the Middle Neolithic period, about 6,000 years ago, the region had been widely occupied by humans. Neolithic to Bronze Age Hong Kong settlers were semi-coastal people. Early inhabitants are believed to be Austronesians in
5236-717: The People's Liberation Army is responsible for the region's defence. Although the Chairman of the Central Military Commission is supreme commander of the armed forces, the regional government may request assistance from the garrison. Hong Kong residents are not required to perform military service, and current law has no provision for local enlistment, so its defence is composed entirely of non-Hongkongers. The central government and Ministry of Foreign Affairs handle diplomatic matters, but Hong Kong retains
5355-595: The Safeguarding National Security Ordinance was passed by the Legislative Council to grant officials "even more powers to crack down on opposition to Beijing and the Hong Kong government" and includes penalties such as life imprisonment for political crimes such as treason and insurrection . Critics state that this expansion "will strike a lasting blow to the partial autonomy the city had been promised by China [in
5474-502: The Sino-British Joint Declaration ]." Hong Kong's administrative divisions are divided into three levels: Areas (區域), Districts (地區), and Sub-districts (分區). Hong Kong is administratively divided into three areas: Hong Kong Island , Kowloon , and the New Territories . They are further divided into 18 districts. The area of Hong Kong Island has four districts, the area of Kowloon has five districts, and
5593-457: The Standing Committee of the National People's Congress passed the controversial Hong Kong national security law . The law criminalises secession, subversion, terrorism and collusion with foreign elements and establishes the Office for Safeguarding National Security of the CPG in the HKSAR, an investigative office under Central People's Government authority immune from HKSAR jurisdiction. Some of
5712-617: The central government in Beijing in June 2020 resulted in the suspension of bilateral extradition treaties by the United Kingdom, Canada, Australia, New Zealand, Finland, and Ireland. The United States ended its preferential economic and trade treatment of Hong Kong in July 2020 because it was no longer able to distinguish Hong Kong as a separate entity from the People's Republic of China. In 2024,
5831-409: The seventh-highest number of billionaires of any city in the world, Hong Kong has the largest number of ultra high-net-worth individuals . Although the city has one of the highest per capita incomes in the world, severe income inequality exists among the population. Despite being the city with the most skyscrapers in the world , housing in Hong Kong is consistently in high demand . Hong Kong
5950-495: The Act local authorities must provide accommodation for any child in need who has no-one with parental responsibility to care for them. This may also be extended to children that have a parent available if it is deemed that by staying with them it would put the child at risk. A child who is in the care of a local authority or provided with accommodation for more than 24 hours is referred to as a "looked after child". A community home placement may be deemed necessary for persons between
6069-487: The Act, the court can request CAFCASS or local authorities to provide reports to the court in respect of the welfare of the child. Section 8 of the Children Act 1989 outlines the orders which can be issued by the court. A " contact order " (now termed a Child Arrangements Order) outlines the requirements, of the person the child resides with, to allow contact with another person. A " prohibited steps order " prevents
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#17327721158376188-625: The Bill was given its third reading in the Lords before being passed to the House of Commons . The Bill was given its second reading in the Commons on 27 April. It was granted Royal Assent on 16 November 1989 and became an Act. The Children Act 1989 states that the court's primary concern is the child's welfare. It also specifies that any delays in the system processes will have a detrimental impact on
6307-498: The Hong Kong Island and thus Hong Kong was named after her. But she was born around 1775, not even close Ming Dynasty, that it is impossible as etymology of Hong Kong. Hung-heung-lo , 紅香爐, red incense burner, was a station of Ch'ing Dynasty coastal defense. The name once used to refer the whole Hong Kong Island after the station was established. It was too late to be the etymology of Hong Kong. Some points fragrant to
6426-406: The Legislative Council and the requirement that all candidates be vetted and approved by a Beijing-appointed Candidate Eligibility Review Committee . In May 2023, the Legislative Council also introduced legislation to reduce the number of directly elected seats in the district councils, and a District Council Eligibility Review Committee was similarly established to vet candidates. Hong Kong
6545-548: The Legislative Council in the 2016 election . These parties have aligned themselves into three ideological groups: the pro-Beijing camp (the current government), the pro-democracy camp , and localist groups . The Chinese Communist Party does not have an official political presence in Hong Kong, and its members do not run in local elections. Hong Kong is represented in the National People's Congress by 36 deputies chosen through an electoral college and 203 delegates in
6664-562: The Legislative Council passed the National Anthem Ordinance , which criminalised "insults to the national anthem of China". The Chinese central government meanwhile enacted the Hong Kong national security law to help quell protests in the region. Nine months later, in March 2021, the Chinese central government introduced amendments to Hong Kong's electoral system , which included the reduction of directly elected seats in
6783-587: The Middle Neolithic period and later the Yue people. As hinted by the archaeological works in Sha Ha, Sai Kung, rice cultivation had been introduced since Late Neolithic period. Bronze Age Hong Kong featured coarse pottery, hard pottery, quartz and stone jewelry, as well as small bronze implements. The Qin dynasty incorporated the Hong Kong area into China for the first time in 214 BCE, after conquering
6902-540: The National Probation Association (NPA) advanced the idea that "combining criminal nonsupport, juvenile delinquency, and divorce into a unified 'family court' would reduce jurisdictional overlap and ensure deep, rehabilitative treatment by probation officers across family-related conflicts." This idea was minimally successful and led to varied reformation of family courts throughout the 1920s and 1930s. The original criminal nature of family courts
7021-503: The New Territories. Much of this is built on reclaimed land ; 70 km (27 sq mi) (6% of the total land or about 25% of developed space in the territory) is reclaimed from the sea. Undeveloped terrain is hilly to mountainous, with very little flat land, and consists mostly of grassland, woodland, shrubland, or farmland. About 40% of the remaining land area is country parks and nature reserves. The territory has
7140-478: The Philippines and Indonesia, have little protection under regional law. Although they live and work in Hong Kong, these workers are not treated as ordinary residents and do not have the right of abode in the territory. Sex trafficking is also an issue, local, mainland Chinese, and foreign women have been trafficked for sex in brothels , homes, and businesses in the city. The Joint Declaration guarantees
7259-538: The Standing Committee declares a state of emergency in Hong Kong, the State Council may enforce national law in the region. The territory's jurisdictional independence is most apparent in its immigration and taxation policies. The Immigration Department issues passports for permanent residents which differ from those of the mainland or Macau, and the region maintains a regulated border with
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#17327721158377378-576: The State Government. Family Courts have jurisdiction over various matters, including divorce, restitution of conjugal rights, guardianship, maintenance, and disputes related to property and matrimonial status. The Act emphasizes the importance of settlement and reconciliation, and Family Courts are encouraged to make efforts to assist parties in arriving at a settlement. The proceedings in Family Courts may be held in camera, and they have
7497-644: The Uniform Support of Dependents Law (USDL) in order to provide a mechanism for interstate civil enforcement of family court rulings. Later, as probation officer involvement dwindled (partially attributable to the model Family Courts Act produced by the NPA in 1959) and more family courts retained jurisdiction over divorce, the machinery of family courts began to look even more civil. However, some aspects of family court enforcement still retain their criminal roots in heavy state involvement, including incarceration as
7616-606: The Yuan Dynasty. By the end of the Yuan dynasty , seven large families had settled in the region and owned most of the land. Settlers from nearby provinces migrated to Kowloon throughout the Ming dynasty . The earliest European visitor was Portuguese explorer Jorge Álvares , who arrived in 1513. Portuguese merchants established a trading post called Tamão in Hong Kong waters and began regular trade with southern China. Although
7735-747: The ability to maintain separate economic and cultural relations with foreign nations . The territory actively participates in the World Trade Organization , the Asia-Pacific Economic Cooperation forum, the International Olympic Committee , and many United Nations agencies. The regional government maintains trade offices in Greater China and other nations. The imposition of the Hong Kong national security law by
7854-586: The aforementioned acts were previously considered protected speech under Hong Kong law. The United Kingdom considers the law to be a serious violation of the Joint Declaration. In October 2020, the Hong Kong Police arrested seven pro- democracy politicians over tussles with pro-Beijing politicians in the Legislative Council in May. They were charged with contempt and interfering with members of
7973-490: The ages of 16 and 18 to promote their welfare and safety. The Act specifies the need to give consideration to children's views when deciding where to accommodate them. Persons with parental responsibility should also be consulted, and if they object the child (unless they are over 16 years old) cannot be accommodated under Section 20 of this Act. The parent can also remove the child from the accommodation provided at any time. Accommodation must also be provided when requested in
8092-572: The agreement. After more than a year of further hostilities, Hong Kong Island was formally ceded to the United Kingdom in the 1842 Treaty of Nanking . Administrative infrastructure was quickly built by early 1842, but piracy, disease, and hostile Qing policies initially prevented the government from attracting commerce. Conditions on the island improved during the Taiping Rebellion in the 1850s, when many Chinese refugees, including wealthy merchants, fled mainland turbulence and settled in
8211-426: The applicant has reason to believe that the child is likely to suffer significant harm or that an assessment is required to determine if the child is likely to suffer significant harm. The child should not be removed from home for the assessment to be completed; though the courts may deem this necessary for the period of assessment. An application can be made to the court for an emergency protection order (EPO) if it
8330-399: The area of the New Territories has nine districts. Each district is represented by a district council . The district councils advise the government on local issues such as public facility provisioning, community programme maintenance, cultural promotion, and environmental policy. As of 2024, there are a total of 470 district council seats, 88 of which are directly elected. In May 2023,
8449-461: The authority to seek the assistance of medical experts, welfare agencies, and other professionals. The Family Court of Hong Kong mainly deals with divorces and welfare maintenance for children. In jurisdictions where Sharia and Islamic jurisprudence prevail, family courts follow the rules of Islamic marital jurisprudence . Children Act 1989 Children (Scotland) Act 1995 In Northern Ireland: The Children Act 1989 (c. 41)
8568-448: The case of police protection orders or for children on remand or supervision orders that require them to be accommodated. The local authority has a duty to safeguard and promote the welfare of the children in its care. The child, parents and other relevant people should be consulted in the decision-making process regarding a child being taken into care and during their time under local authority care. Consideration should also be given to
8687-1165: The chief executive is selected by establishment politicians and corporate members of the Election Committee rather than directly elected. Despite universal suffrage being established as ultimate goals for the election of the chief executive and all members of the Legislative Council in Articles 45 and 68 of the basic law, the legislature is only partially directly elected, and the executive continues to be nominated by an unrepresentative body. The government has been repeatedly petitioned to introduce direct elections for these positions, but has not introduced these direct elections as of 2024. Ethnic minorities (except those of European ancestry) have marginal representation in government and often experience discrimination in housing, education, and employment. Employment vacancies and public service appointments frequently have language requirements which minority job seekers do not meet, and language education resources remain inadequate for Chinese learners. Foreign domestic helpers , mostly women from
8806-441: The child the local authority may refuse contact for up to seven days. Local authorities may apply to the court to prevent contact to safeguard or promote the child's welfare. A supervision order makes it the duty of the supervisor to "advise, assist and befriend" the child and to consider applying to the court for a variation on the order if it is not being fully complied with. An education supervision order may be granted if it
8925-456: The child's age, understanding, religion, race, culture and linguistic background. Sibling groups should be placed together and should be accommodated near their home if possible. Looked after children should not be placed in accommodation that restricts their liberty (" secure accommodation ") unless they have a history or are likely to abscond and are at risk of suffering significant harm or are likely to cause harm to themselves or others. For
9044-428: The circumstances in which a child's whereabouts cannot be established although it is believed a person knows where the child is, the court can order that this person provides the relevant authority with the information they hold. The court can also authorise entry into a property to search for a child; a police warrant may be issued to assist with gaining entry. If there are concerns of a child suffering significant harm
9163-635: The colony. Further tensions between the British and Qing over the opium trade escalated into the Second Opium War . The Qing were again defeated and forced to give up Kowloon Peninsula and Stonecutters Island in the Convention of Peking . By the end of this war, Hong Kong had evolved from a transient colonial outpost into a major entrepôt . Rapid economic improvement during the 1850s attracted foreign investment, as potential stakeholders became more confident in Hong Kong's future. The colony
9282-467: The conclusion of the proceedings or further order. A care order, full or interim will confer parental responsibility ("PR") upon the applicant local authority. This does not extinguish the PR held previously by members of the child's family and thus their PR is shared with the local authority. A supervision order, interim or final, does not confer PR upon the local authority. A guardian shall be appointed by
9401-590: The council, while none of the pro-Beijing lawmakers were detained. Annual commemorations of the 1989 Tiananmen Square protests and massacre were also cancelled amidst fears of violating the national security law. In March 2021, the Chinese central government unilaterally changed Hong Kong's electoral system and established the Candidate Eligibility Review Committee , which would be tasked with screening and evaluating political candidates for their "patriotism", effectively crushing
9520-420: The court can direct contact conditions and medical examinations of the child. The local authority has the power to return the child if it is assessed it is safe for the child to return home. It is an offense to obstruct someone who is carrying out the directions of the court in the case of an emergency protection order. An emergency protection order lasts up to 8 days (unless the last day is a public holiday, and
9639-470: The court has concerns for a child's welfare, they can direct the local authority to investigate. The local authority can then decide if they are going to apply for a care order or supervision order. If they decided not to take any legal action, they must explain to the court their reasons for doing so. Applications for care and supervision orders are regulated by the Public Law Outline . When
9758-481: The court may direct that it is extended until noon on the next non-holiday day). This may be extended only once for a period up to 7 days. During this period the local authority may apply for a care order. The child, parent or care-giver may apply for the order to be discharged. An appeal cannot be made in relation to the making or refusal to make an emergency protection order. An emergency protection order may also include an exclusion requirement which can stipulate that
9877-454: The court to safeguard the child's interests unless this is deemed not be required by the court. The court can also appoint a solicitor to represent the child. A guardian has access to and may take copies of any local authority records relating to the child concerned. The Guardian is under an obligation to represent and safeguard the interests of the child during the currency of the legal proceedings. A Guardian will invariably be represented by
9996-404: The end of the New Territories lease approached, and Governor Murray MacLehose raised the question of Hong Kong's status with Deng Xiaoping in 1979. Diplomatic negotiations with China resulted in the 1984 Sino-British Joint Declaration , in which the United Kingdom agreed to the handover of the colony in 1997 and China would guarantee Hong Kong's economic and political systems for 50 years after
10115-637: The environment on the eve of colonisation by the British. It was because the name was on a remote island that was somehow far from the attention of administration and hence lack of documentation or documentation was destroyed easily year by year. The name of Hong Kong comes from Cantonese name 香港, /hœŋ kɔŋ/, in Chinese character. The name commonly translates as "fragrant harbour" or alternatively "incense harbour". The first character 香, /hœŋ/, means any pleasant or sweet smell , namely fragrant , or materials that could produce pleasant smell, usually comes from plants or animals, including incense . But it could
10234-438: The exception of the residence order. When an application is made to the court for a section 8 order the court takes into account: the nature of the proposed application; the connection the person has to the child; the disruption that could be caused to the child and, if the child is being looked after by the local authority: the local authorities plans for the child's future and the wishes of the child's parents. A person who gains
10353-572: The government proposed reforms to the District Council electoral system which further cut the number of directly elected seats from 452 to 88, and total seats from 479 to 470. A requirement that district council candidates be vetted and approved by the District Council Eligibility Review Committee was also proposed. The Legislative Council approved the reforms in July 2023. Hong Kong
10472-418: The handover. The impending handover triggered a wave of mass emigration as residents feared an erosion of civil rights, the rule of law, and quality of life. Over half a million people left the territory during the peak migration period, from 1987 to 1996. The Legislative Council became a fully elected legislature for the first time in 1995 and extensively expanded its functions and organisations throughout
10591-732: The indigenous Baiyue . The region was consolidated under the Nanyue kingdom (a predecessor state of Vietnam ) after the Qin collapse and recaptured by China after the Han conquest . During the Mongol conquest of China in the 13th century, the Southern Song court was briefly located in modern-day Kowloon City (the Sung Wong Toi site) before its final defeat in the 1279 Battle of Yamen by
10710-401: The last years of the colonial rule. The handover of Hong Kong to China was at midnight on 1 July 1997, after 156 years of British rule. Immediately after the handover, Hong Kong was severely affected by several crises. The Hong Kong government was forced to use substantial foreign exchange reserves to maintain the Hong Kong dollar's currency peg during the 1997 Asian financial crisis , and
10829-536: The maritime area is included) consists of Hong Kong Island , the Kowloon Peninsula , the New Territories , Lantau Island , and over 200 other islands. Of the total area, 1,073 km (414 sq mi) is land and 35 km (14 sq mi) is water. The territory's highest point is Tai Mo Shan , 957 metres (3,140 ft) above sea level. Urban development is concentrated on the Kowloon Peninsula, Hong Kong Island, and in new towns throughout
10948-451: The mother (or child) and father. The Act specifies that more than one person can have parental responsibility, although they can act alone in decision making for the child. If a child does not have anyone to care for them with parental responsibility a guardian can be appointed by the court. That appointment can be overturned on application of the parent with parental responsibility, by the child or in family proceedings. Under Section 7 of
11067-638: The name of Hong Kong was referring to Aberdeen Channel associating with once flourishing incense industry in Ming Dynasty. It could be where the incense was manufactured, stored or exported but there are no evidents to support it. Another speculation is that "fragrant" may refer to the sweet taste of the harbour's freshwater influx from the Pearl River. It is very unlikely the etymology relating to fragrant river. The whole territories of Hong Kong are surrounded by sea, namely salt water. Aberdeen Channel
11186-426: The opium trade. The commissioner destroyed opium stockpiles and halted all foreign trade, triggering a British military response and the First Opium War . The Qing surrendered early in the war and ceded Hong Kong Island in the Convention of Chuenpi . British forces began controlling Hong Kong shortly after the signing of the convention, from 26 January 1841. However, both countries were dissatisfied and did not ratify
11305-412: The police have the power to ensure that child is removed to, or remains in, a place of safety for up to 72 hours. They do not require a court order, but they must ensure that the local authority is informed and the child is accommodated appropriately. A local authority must investigate if they are informed that a child in their area is subject of an emergency protection order, is in police protection or
11424-440: The post-war decades to provide safer housing, integrity in the civil service, and more reliable transportation. Nevertheless, widespread public discontent resulted in multiple protests from the 1950s to 1980s, including pro- Republic of China and pro- Chinese Communist Party protests. In the 1967 Hong Kong riots , pro- PRC protestors clashed with the British colonial government. As many as 51 were killed and 802 were injured in
11543-476: The recovery from this was muted by an H5N1 avian-flu outbreak and a housing surplus. This was followed by the 2003 SARS epidemic , during which the territory experienced its most serious economic downturn. Chinese communists portrayed the return of Hong Kong as key moment in the PRC's rise to great power status. Political debates after the handover have centred around the region's democratic development and
11662-543: The region into a wasteland. The Kangxi Emperor lifted the maritime trade prohibition, allowing foreigners to enter Chinese ports in 1684. Qing authorities established the Canton System in 1757 to regulate trade more strictly, restricting non-Russian ships to the port of Canton . Although European demand for Chinese commodities like tea, silk, and porcelain was high, Chinese interest in European manufactured goods
11781-731: The remainder of the Pro-Democracy camp . Hong Kong is on China's southern coast, 60 km (37 mi) east of Macau, on the east side of the mouth of the Pearl River estuary . It is surrounded by the South China Sea on all sides except the north, which neighbours the Guangdong city of Shenzhen along the Sham Chun River . The territory's 1,110.18 km (428.64 sq mi) area (2,754.97 km if
11900-412: The rest of the country. All travellers between Hong Kong and China and Macau must pass through border controls, regardless of nationality. Mainland Chinese citizens do not have right of abode in Hong Kong and are subject to immigration controls. Public finances are handled separately from the national government; taxes levied in Hong Kong do not fund the central authority. The Hong Kong Garrison of
12019-504: The ruling set out in the residence order. Applications for section 8 orders are now regulated by the Child Arrangements Programme . The court has the power to issue a family assistance order in which a probation officer or local authority officer should be available to "advise, assist and (where appropriate) befriend any person named in the order". Each local authority has a duty to "safeguard and promote
12138-407: The shore region was in deprived state. Few people came back to rebuilt the region and the government at that time introduced Hakka migrants to refill the region. New migrants knew nothing about the incense industry and marked its end. From 2000s onward, the remainants of incense trees in Hong Kong were recurrently being chopped down by cross-border illegal loggers. These are strong indicators that
12257-406: The smell of opium, but it is impossible as there was no opium trade in Ming Dynasty. The first romanisation came as "He-Ong-Kong" in 1780, originally referred to a small inlet located between Aberdeen Island and the southern coast of Hong Kong Island. Aberdeen was an initial point of contact between British sailors and local fishermen. Although the source of the romanised name is unknown, it
12376-408: The system is there to look out and protect their interests. It only takes one woman to be placed in a situation where she can be legally be asked by the man who has violently abused her; 'When did you last have sex?' That only has to happen once to realize that the system is corrupted and domestic abuse is going on in our system in the courtroom." Changes to this process are forthcoming. That the accused
12495-525: The traders were expelled after military clashes in the 1520s, Portuguese-Chinese trade relations were re-established by 1549 . Portugal acquired a permanent lease for Macau in 1887. After the Qing conquest , maritime trade was banned under the Haijin policies. From 1661 to 1683, the population of most of the area forming present day Hong Kong was cleared under the Great Clearance , turning
12614-440: The village was marked as Little Hong Kong in a map of 1899. Regarding fragrant/incense wood, historian professor Lo Hsiang-lin was the one first exploring the etymology of Hong Kong with incense tree. The whole territory of Hong Kong, being part of Tung Kwun County, once cultivated incense trees, Aquilaria sinensis , in industrial scale during Ming Dynasty. The county incense was known as kwun-heung , 莞香 in character, which
12733-485: The violence, including dozens killed by the Royal Hong Kong Police via beatings and shootings. Although the territory's competitiveness in manufacturing gradually declined because of rising labour and property costs, it transitioned to a service-based economy. By the early 1990s, Hong Kong had established itself as a global financial centre and shipping hub. The colony faced an uncertain future as
12852-756: The war, as skilled Chinese migrants fled from the Chinese Civil War and more refugees crossed the border when the Chinese Communist Party took control of mainland China in 1949. Hong Kong became the first of the Four Asian Tiger economies to industrialise during the 1950s. With a rapidly increasing population, the colonial government attempted reforms to improve infrastructure and public services. The public-housing estate programme , Independent Commission Against Corruption , and Mass Transit Railway were all established during
12971-542: The welfare" of children who are assessed as being in need. A child is deemed as "in need" if they are disabled or unlikely to achieve a reasonable standard of health or development unless services are provided. The local authority has a duty to provide or facilitate others to provide services for children in need. The local authority must provide day care for children in need who are under the age of five and not attending school if appropriate. There should also be provisions for out-of-school hours activities. Under section 20 of
13090-466: The young person regarding employment, training or education. Section 26 of the Act outlines the obligation of the local authority to review cases regularly and they should have a complaints procedure available to the children they are caring for. Local authorities also have a duty to communicate and share information with other agencies if it complies with their own statutory obligations. The local authority must consult with educational authorities when
13209-520: Was also commonly written as the single word Hongkong until 1926, when the government officially adopted the two-word name. Some corporations founded during the early colonial era still keep this name, including Hongkong Land , Hongkong Electric Company , Hongkong and Shanghai Hotels and the Hongkong and Shanghai Banking Corporation (HSBC). Earliest known human traces in what is now Hong Kong are dated by some to 35,000 and 39,000 years ago during
13328-602: Was announced as part of the Queen's Speech on 22 November 1988 and formally introduced to the House of Lords the following day by the Lord Chancellor , Lord Mackay of Clashfern . The Bill was given its second reading in the Lords on 6 December, and was passed to the committee stage on 13 December. Committee debates were held on 19 and 20 December and 23 January 1989. It reached the report stage on 2 February, with debates on 6, 7 and 16 February. On 16 March
13447-458: Was created by Part 2 of the Crime and Courts Act 2013 , merging the family law functions of the county courts and magistrates' courts into one. Two scenarios are covered by the Children Act of 1989: private law cases, where the applicant and respondent are usually the child's parents ; and public law cases, where the applicant is the local authority and the parents are usually the respondents. There
13566-542: Was first mentioned a book Yuet Tai Kei (粵大記) written between 1577 and 1595, that means it was in 16th century when Hong Kong was ruled by Ming Dynasty , that means any speculations do not fit the background could be ruled out. The location is on the north shore of Aberdeen Island, or Ap Lei Chau natively, next to Aberdeen Channel . Hong Kong Tsuen, 香港村, namely the village of Hong Kong, was recorded on San On County Gazetteer of 1819, situated near Shouson Hill . When Hong Kong became well-known colonial name under British rule,
13685-538: Was further expanded in 1898 when the United Kingdom obtained a 99-year lease of the New Territories. The University of Hong Kong was established in 1911 as the territory's first institution of higher education. Kai Tak Airport began operation in 1924, and the colony avoided a prolonged economic downturn after the 1925–26 Canton–Hong Kong strike . At the start of the Second Sino-Japanese War in 1937, Governor Geoffry Northcote declared Hong Kong
13804-531: Was insignificant, so that Chinese goods could only be bought with precious metals. To reduce the trade imbalance, the British sold large amounts of Indian opium to China. Faced with a drug crisis, Qing officials pursued ever more aggressive actions to halt the opium trade. In 1839, the Daoguang Emperor rejected proposals to legalise and tax opium and ordered imperial commissioner Lin Zexu to eradicate
13923-419: Was luxury and worth silver of the same weight, says one gram of kwun-heung worth one gram of silver. Once flourishing incense industry came to the end due to Manchu invasion. The new Manchu rulers ordered all people to evacuate from shore region to eradicate all resistance of Ming from the sea in 1661. Villages and properties were burnt and many people died during this period. The order was revolted in 1683 but
14042-450: Was slowly replaced by an impliedly civil approach, starting in the 1930s with a New York law designed to treat nonsupport cases as a civil matter. The shift to civil nonsupport across the country and the addition of divorce jurisdiction led to family court dockets becoming more civil in nature. Those found in contempt in civil nonsupport cases were still incarcerated as they were in the criminal nonsupport system. In 1933, New York established
14161-431: Was very far from any river. Hsu Ti-shan was the proponent of heung kong, 香江, namely fragrant river, but of different explanation. He refers the freshwater of a waterfall near Aberdeen Channel with sweet taste. But the character 江 never refers to any streams, creeks or brooks in Hong Kong. Famous female pivate, Heung-kwu , 香姑, literally fragrant-girl, was the youth name of Cheng I Sao . Legend had it that she occupied
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