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Convention on civil aspects of child abduction
Following is a question by the Hon Simon Ip and a written reply by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Legislative Council today (Wednesday):
Question:
Will the Administration inform this Council:
(a)
whether, and if so when, it intends to extend to Hong Kong the Hague Convention on the Civil Aspects of International Child Abduction 1980;
(b)
(c)
what are the necessary formalities and procedures for extending the Convention to Hong Kong and how long these will take?
whether any consultation with interested bodies or organisations will be conducted; if so, with whom and when; and
Reply:
The purpose of the Hague Convention on the Civil Aspects of International Child Abduction 1980 is to provide an effective international mechanism for ensuring the speedy return home of a child abducted to a place overseas in violation of a custody order. About 30 countries, including the United Kingdom, are parties to the Convention.
We are actively considering the question of the need for this Convention to be extended to Hong Kong. The Law Society of Hong Kong, family judges in the District Court, the Family Section of the Legal Aid Department, and some private practitioners in family law have already been consulted on this matter.
The Convention may be extended to Hong Kong by the United Kingdom under Article 39. It would be necessary for Hong Kong to enact domestic legislation prior to the extension in order to be able to discharge obligations in accordance with the Convention. As the extension would create new international rights and obligations affecting Hong Kong, consultation with the Chinese side of the Joint Liaison Group would also be required. It is difficult to assess how long consultation with the Chinese side might take and the time which would then be needed to draft and pass related domestic legislation in view of other legislative priorities, were a decision taken to proceed with the extension.
End/Wednesday, June 21, 1995