When the Law Reform Commission of Hong Kong’s Report on child custody and access was published in March 2005, there was much optimistic excitement among the family law community.  It was hoped that this would finally bring about the much needed change in the way we approach child care arrangements following the breakdown of a relationship.  Sadly, the optimism was misplaced and no real progress followed.  Therefore, in or around 2008, a couple of family lawyers came up with an idea of putting together a panel of interested stakeholders to promote such reform.  This worthy course was endorsed by the Hong Kong Family Law Association and was quickly supported by the University of Hong Kong and the Hong Kong International Arbitration Centre.  After a series of brainstorming sessions, the concept of a Children Issues Forum was created.  Despite our lack of history and experience in organising such a large scale event, we were very fortunate to secure the participation of top tier representatives in the family law arena from a number of jurisdictions, to include Australia, New Zealand, United Kingdom, and Hong Kong.  Participants included academics, Judges, mental health professionals, lawyers, government departments and NGOs.

One of the most unique features of each of the Children Issues Forums is the involvement of children.  We recognise that, in dealing with children matters, the voice of the child is central and there is no better way of demonstrating this than to allow the children themselves, to speak.  Therefore, children have participated, as audience, and as speakers.  This year, they will further moderate and give a closing speech.

News of the success of the First Children Issues Forum spread quickly and this certainly assisted us in preparing for the next two forums.  Each forum has focused on different aspects related to children.  Three main themes have been to push for child law reform, the involvement of children in the decision making procedure, and exploring less adversarial processes in resolving children issues.  Since the First Form in 2009, we are pleased to note that there have been a number of developments in Hong Kong, to include:-

(i)        the government finally considering a Children’s Bill this year,
(ii)       the Hong Kong judiciary bringing in place two guidance notes on Judges meeting children and separate representation for children in the legal process, both of which bring to the forefront Hong Kong’s commitment to Article 12(ii) of the United Nations Convention on the Rights of the Child in providing a child the opportunity to be heard in any judicial administrative proceedings affecting that child under age appropriate considerations,
(iii)      the introduction of collaborative practice in Hong Kong, and
(iv)      the implementation of the Child Dispute Resolution process in our Family Court.

We are proud to see the Children Issues Forums’ effectiveness in highlighting children’s rights and needs in Hong Kong, and very much hope that this legacy will continue, for the benefit of the children in Hong Kong and elsewhere.

Social media in Hong Kong and around the world has been buzzing these past few days with news of the Philipino homeless boy who does his homework on the street, at a makeshift bench, by the light from a McDonalds’ window. His determination and diligence have rightly been applauded whilst concern and dismay have been expressed over the level of poverty in which many children are living.

The photo may have been taken in the Philippines, a country widely recognised as struggling with significant levels of poverty, however, Hong Kong, one of the world’s wealthiest societies, should not think its own children immune from a similar fate. According to the Society for Community Organisation, 1 in 4 children in Hong Kong are living below the poverty line; 1 in 5 children in Hong Kong do not have enough to eat each day; and 20,000 children live in ‘cage homes’ where the average living space per person is between 18 and 30 sq. feet.

How can this be, in a territory with a surplus of billions of dollars announced at each annual budget? How can this be in a territory where we throw away thousands of tons of food every day? How can this be in a territory which is not sending its female population overseas to work as poorly paid domestic help but is in fact the recipient of that migrant labour? 

The boy doing his homework outside McDonalds may have been photographed in the Philippines but child poverty lives and flourishes in Hong Kong too. Child poverty is one of the issues that the Third Children’s Issues Forum will address when it considers the lack of consistent, longitudinal data collection about the lives of children in Hong Kong and the very urgent need for such data to develop effective public policy-making.

Of all the Common Law jurisdictions of the world I feel the closest ties to Hong Kong. Friends emigrated from London to practice in Hong Kong. David Glynn instructed me in his Charles Russell days and then, much later when I was in silk, in Hong Kong cases.

During my judicial career I was invited by the Hong Kong government to deliver training on practice reforms that followed innovation in England and I have attended the first two Children's Forums.

Now that I am retained by the Commonwealth Secretariat to promote accessions to The Hague family Conventions I attach greatest importance to supporting the Common Law in Hong Kong. Hong Kong family law has always followed closely the Westminster model and I have been disappointed that our admirable Children Act 1989 has not yet influenced development in the law of Hong Kong. 

At the second Children's Forum I had meetings with senior officials in the Ministry of Justice and I am sure they were sympathetic to the case for reform.

Of course social and cultural factors must influence family justice reforms and what has succeeded in England may not be appropriate in Hong Kong but the fundamental concepts that we introduced with the 1989 Act are now shared with the majority of the Common Law jurisdictions. It would be a just reflection of its achievements if the third Forum were to be the catalyst for this reform.

I have measured these achievements at both previous Forums. The programmes have been well judged, the speakers distinguished in their fields and the delegate participation outstanding. I am in no doubt that the November Forum will equal or exceed its predecessors.