Recent Family Law Developments In Hong Kong

Family law in Hong Kong is ever-evolving to meet the needs of this dynamic and multifaceted city, which – on average – handles more than 10,000 new cases every year. The Hong Kong Family Court introduced new measures, including a new Family Masters system, in late 2023. Heading into 2025, it is worth reviewing these changes in 2024 and how they impacted the way in which family law cases are handled moving forwards.

New Family Masters system

The Family Procedure Ordinance (Cap 646) (“the Ordinance”) was gazetted on 30 June 2023 to legislate for a consolidated and unified set of comprehensive court procedural rules for the family justice system in Hong Kong. The objective of the Ordinance was to alleviate the ongoing problems that the family court had been facing for many years, including the hodgepodge of court rules and procedures for family law matters, which were at times difficult to comprehend and not user-friendly, especially for litigants in person. In light of the increasing number of litigants choosing to act in person in family law cases, there was an imminent need to impose clearer guidance in procedural matters in the family court.

Upon the enactment of the Ordinance, certain sections came into operation first, with the main development being the implementation of a new Family Masters system in October 2023 pursuant to section 15 of the Ordinance. To facilitate the implementation of this new system, two new General Directions were issued under section 15 of the Ordinance – namely, General Directions 1.1 and 1.2, which came into effect on 3 October 2023.

The new system has injected seven additional Masters into the Hong Kong family court system, which has been under strain for many years. Prior to the implementation of the new Master system, there was only one principal family court judge, seven district judges and four deputy district judges. The family court now has one principal family court judge, five family court judges, two family court deputy district judges, and seven Masters.

Under the Family Masters system, there is now a division of work between family judges and Masters, with the registrar and Masters empowered to handle procedural work in family law proceedings. Pursuant to General Direction 1.1, Masters can handle applications to amend petitions, time extension and substituted service. In simple cases, Masters can also conduct children dispute resolution hearings and financial dispute resolution hearings where appropriate. The division of work has enhanced case management and efficiency within the family court. This has benefited court users, as there has been a shortening of the timeline for fixing substantive hearings, which had to be fixed in a judge’s diary, which was often full. As a result of the new Family Masters system, the family judges can focus on hearing and adjudicating on more “substantive” matters (eg, jurisdiction, injunction, and joinder) while leaving procedural matters (such as amendments to the originating process and time extensions) to be dealt with by Masters.

Furthermore, pursuant to General Direction 1.2, all initial hearings (ie, first appointments and children appointments) are to be listed before family court Masters, with the case only being transferred to a family judge when the case is ready for a case management hearing (CMH). As part of the family court’s mission to achieve better case management in family law proceedings, interlocutory applications such as expert evidence, joinder and specific discovery are now expected to be filed as early as possible and ideally dealt with before a CMH is fixed. This has had the added benefit of encouraging parties to settle earlier in order to avoid incurring further costs at a very early stage on taking out interlocutory applications, which previously would have been filed later before the pre-trial review or the trial itself.

An increasing number of clients are keen to consider mediation and other alternative forms of dispute resolution prior to the issue of the proceedings in an effort to save costs. Since the new Master system was introduced, more and more clients are keen to settle matters out of court before the proceeding, with fewer cases being contested. This is a welcome development, given the significant emotional and financial strain fully contested divorce proceedings can have on the parties.

Target timetabling has also been introduced as part of the overhaul of the family court system, with General Direction 1.2 setting out the target timetable for the conclusion of cases. In particular, in cases involving both children and financial proceedings, family judges are encouraged to exercise strict and robust case management to ensure that short cases are dealt with within 23 months from the CMH, medium cases within 27 months from the CMH, and long cases within 32 months from the CMH. This has brought clarity for legal practitioners and enabled them to manage clients’ expectations better.

Overall, the new Masters system has shortened the waiting times for substantive court hearings and helped to bring clarity for court users. Thus, it gives reason to look forward to the full operation of the rest of the Ordinance, which will be put in place gradually. This will hopefully result in a more unified and efficient process and rules for family law proceedings in Hong Kong.

Deployment of electronic filing in the family court

The Hong Kong judiciary had already recognised the need to modernise its system, including the Hong Kong Family Court, which is still conventionally paper-based and manually operated with limited deployment and usage of modern technology. On 17 July 2020, the Court Proceedings (Electronic Technology) Ordinance (Chapter 638) (the “Electronic Technology Ordinance”) was enacted – the main purpose of which was to incorporate the Information Technology Strategy Plan (ITSP) into the Hong Kong court system. The objective of the ITSP was to enhance the accessibility, transparency and efficiency of case management by providing more electronic services – namely:

• electronic filing, service and storage of court documents;
• electronic payment of court fees; and
• electronic authentication of court documents that are required to be signed, sealed or certified.

Under the ITSP, an integrated case management system (“iCMS”) is being developed gradually in phases to allow court users the option to file, seal and serve court documents instantly upon uploading onto the e-system, in addition to the traditional paper-based system. This not only creates immediate access to legal documents for members of the judiciary and litigators but also saves time and costs for legal practitioners by reducing the time and workforce spent in printing and photocopying court documents and the need for law clerks to attend court personally for filing and service.

There are many more benefits to implementing the e-filing system into the Hong Kong Family Court, including but not limited to:

• environmental benefits from significantly reducing the consumption of paper;
• better administration of justice by eliminating errors commonly seen in paper-based systems; and
• improving public access to justice, as this would enable court users other than judicial officers to transact court business by electronic means remotely around the clock, without restriction of the office hours and location of the judiciary.

As of January 2025, the e-filing system is only applicable and available for personal injury actions, tax claim proceedings, civil action proceedings, employees’ compensation cases in the district court, and summons cases in the magistrates’ courts. While the judiciary administration reported that the iCMS would be extended to the Court of Final Appeal, the High Court, the non-summons courts of the magistrates’ courts and the Small Claims Tribunal commencing in the last quarter of 2024, this has not been fully rolled out to date. While there is no confirmed date as to when the iCMS will be extended to the remaining courts and tribunals (including the family court), it is hoped that further announcements will be made soon, as the expansion of the iCMS will bring welcome relief to court users – especially litigants-in-person, who make up the significant proportion of family court users – by making the family court more accessible and user-friendly.

Children Bill

In 2015, the Labour and Welfare Bureau prepared the draft Children Proceedings (Parental Responsibility) Bill (the legislative proposal) (the “Children Bill”). The Children Bill represents efforts and attempts to bring forth the important concept of parental responsibility into Hong Kong family law – a concept many other jurisdictions have adopted.

Under current family law in Hong Kong, the relationship between parents and child is based on the concept of “custody” and “care and control”; such wordings are commonly used in court documents and orders, with emphasis on parents’ rights rather than the rights of their child/children. The Law Society of Hong Kong has shared its view with the public that this concept is outdated, as it erroneously identifies children as under the control of their parents, who have rights over them that can be disposed of and possessed by a parent, and thereby fails to encourage parents to make decisions that are in the best interests of the children post-separation or divorce.

Contrary to the concept of “custody” and “care and control”, the concept of “parental responsibility” emphasises the relationship between parent and child and the rights of the child to both parents, which is far more neutral and child-friendly in nature. More importantly, the concept of “parental responsibility” serves as an important reminder to all parties involved in divorce proceedings (including but not limited to parents, members of the judiciary and legal practitioners) that the focus should be on the children’s best interests, not the parents’. The concept of parental responsibility represents the modern view in family law practice that children shall be deemed as individuals with their own rights, voice and wishes and that – in light of their vulnerability – they ought to be protected and given priority, especially those who are involved in divorce proceedings.

However, that is not to say that the Hong Kong Family Court does not take into account nor prioritise the wishes of children. Under Practice Direction PDSL5, which came into effect on 28 May 2012, the family court has long since recognised that – in circumstances where a child is capable of forming their own view – that child should have the right to freely express those views directly or indirectly. Pursuant to PDSL 5, the family judge has the discretion to meet with a child either upon application by the parties or on their own motion. While it is rare for a family judge to interview children, in the recent case of I, M, also known as K, M and I, SM (2023) HKFC 66, the family judge exercised her discretion to meet the children to determine their wishes in a relocation case.

Moreover, where there are disputes regarding the children’s arrangements, the family court frequently calls for social investigation reports to be conducted, with the social investigation officer acting as the eyes and ears of the court to report on the wishes of the children. Thus, while there has not been significant progress since the Children’s Bill in 2015 owing to objections from certain sectors as part of the consultation process, the family court does support and ensure that children’s voices are heard. A legislative push to enact the Children’s Bill to bring the model of parental responsibility into Hong Kong Family law will only serve to strengthen the family court’s commitment to putting the best interests of children as the first and paramount consideration. 

Conclusion

It is beyond doubt that various schemes, policies and draft bills have been introduced and implemented throughout the years to enhance the efficiency of the Hong Kong Family Court in light of its heavy workload. As such, family law practitioners in Hong Kong are eager to see more developments both within the court and in terms of the law.

therefore, the continuous modernisation and development of the family justice system (including the introduction of electronic filing) would undoubtedly be welcomed, as it would enhance the effectiveness of the Hong Kong Family Court.