A70
Addition of
new sections
5A, 5B and 5C.
Ord. No. 13/87
(b) in subsection (7)—
ADOPTION (AMENDMENT)
(i) in paragraph (a), by deleting "the infant has been con- tinuously in the care and possession" and substituting the following
"subject to paragraph (aa), the infant has been continuously in the actual custody"; and
(ii) by inserting after paragraph (a) the following—
"(aa) where the applicant or either of the applicants is a natural parent of the infant, the infant has been continuously in the actual custody of the applicant (or both applicants, where there are joint applicants) for at least 13 weeks immediately preceding the date of the order;"; and
(c) by inserting after subsection (7) the following-
"(8) For the purposes of subsection (7), continuous actual custody shall not be regarded as broken during any period when the infant is an in-patient in a hospital or resides at a boarding school either in or outside Hong Kong.".
4. The principal Ordinance is amended by adding after section 5 the following-
"Freeing infant for adoption. [cf. 1976 c. 36, s.18.]
Revocation of
section 5A
order.
[cf. 1976 c. 36,
s. 20.]
5A. (1) Subject to subsection (2), where on an application made by the Director, the Court is satisfied that any consent required by section 5(5)(a) should be dispensed with, it may make an order declaring an infant free for adoption.
(2) An application in respect of an infant may be made by the Director under subsection (1) only if under any Ordinance the Director is the legal guardian of the infant or the infant is in the care of the Director.
(3) Before making an order under this section, the Court shall notify every person whose consent is to be dispensed with and who can be found (other than a person who is incapable of giving his consent) of the application under subsection (1) and give every such person an oppor- tunity of being heard.
(4) On the making of an order under this section- (a) all rights, duties, obligations and liabilities of the parents or guardians of the infant, referred to in section 13(1), shall vest in the Director as if the order were an adoption order and the Director were the adoptor;
(b) the Director may place the infant for adoption; and (c) section 5(5)(a) shall not apply.
5B. (1) Any person whose consent is required by section 5(5)(a) (hereinafter in this section referred to as "former parent"), at any time more than 1 year after the making of the order under section 5A, may if
(a) no adoption order or interim order has been made
in respect of the infant; and
R
Validation of adoption orders.
(13 of 1987.)
5.
ADOPTION (AMENDMENT)
Ord. No. 13/87
A71
(b) the infant does not have his home with a person with
whom he has been placed for adoption,
apply to the Court which made the order for a further order revoking it on the ground that the former parent wishes to resume the rights, duties, obligations and liabilities referred to in section 13(1).
(2) While an application under subsection (1) is pending the Director shall not place the infant for adoption without the leave of the Court.
(3) Where an order under section 5A is revoked under this section—
(a) all rights, duties, obligations and liabilities of the parents or guardians of the infant, referred to in section 13(1), shall be vested in the person or, as the case may be, the persons in whom they were vested immediately before that order was made;
(b) if such rights, duties, obligations and liabilities, or any of them, were vested in the Director immediately before that order was made, those rights, duties, obligations and liabilities shall be vested in the person or, as the case may be, the persons in whom they were vested immediately before they were vested in the Director,
but the revocation shall not affect any right, duty, obligation or liability so far as it relates to any period before the date of revocation.
(4) Subject to subsection (5), where an application under subsection (1) is dismissed on the ground that to allow it would not be for the welfare of the infant, the former parent who made the application shall not be entitled to make any further application under subsection (1) in respect of the infant.
(5) Subsection (4) shall not apply where the Court which dismissed the application gives leave to the former parent to make a further application under subsection (1), but such leave shall not be given unless it appears to the Court that because of a change in circumstances or for any other reason it is proper to allow the application to be made.
5C. Any adoption order made by the District Court prior to the commencement of the Adoption (Amendment) Ordinance 1987 shall not be invalid by reason only that the District Court dispensed with any consent required under section 5(5)(a).".
Section 12(2) of the principal Ordinance is amended by inserting Amendment of after "court" the following-
"and for the non-disclosure by the Director of the whereabouts of an infant the subject of an application under section 5A, where such non-disclosure is in the interests of the infant".
section 12.