1977-HKRS28-16-25_Part03 — Page 16

Authenticated Laws 確真本香港法例 All

Amendment of section 7.

3.

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(58) Subject to subsection (50), where the conseal of a parent is given in the prescribed general form of consent, the parent shall cease to have any parental rights, duties, obligations or liabilities in respect of the infant with effect from the execution of the form of consent,

(50) A parent whose consent to an adoption order was given in the prescribed general form of consent may revoke his consent by giving written notice of revocation to the Director within 3 months from the day on which the form of consent was executed, but subject to aubsections (3D) and (SE) and save as aforesaid the consent shall be irrevo- cable.

(SD) Notwithstanding subsection (50) a parent whose consent to an adoption order was given in the prescribed general form of consent may, at any time after the expiry of the period of 3 months referred to in that subsection and before the making of an adoption order, apply to the Court for an order revoking that consent on the ground that he wishes to resume the parental rights, duties, obliga- tions and liabilities; and while the application is pending the Court shall not make any adoption order in respect of the child the subject of the consent.

(58) Where the Court makes an order under subsection (3D) revoking a consent given in the proscribed general form of consent the parental rights. duties, obligations and Babilities relating in the child shall vest in the parent; but The order of revocation shall not affect any right, duty, obligation or liability so far as it relates to any period before the date of the order.

(IF) The Director shall, immediately upon the cxecu- tion of the prescribed general form of consent by a parent, be guardian ad litem of the infant and may, where the infant does not have a guardian or no guardian can be found, perform such duties of a guardian as may be necessary in The interests of the welfare of the infant.",

Section 7 of the principal Ordinance is amended-

(a) in subsection (1)—

(i) by deleting the full stop at the end thereof and substituting & color; and

(ii) by Inserting at the end of the subsection the following-

"Provided that this subsection shall not apply to consent given by a parent in the prescribed general form of

consent."

EL

(b) by inserting after subsection (1) the following new subsection- "(1A) A document signifying the consent of a parent to the making of an adoption order given in the prescribed general form of consent, shall subject to subsection (3), be admissible as evidence of that consent whether the document is executed before or after the commencement of the pro- ceedings.":

(c) in subsection (2) by deleting "Where any such document" and

substituting the following-

"Where a document signifying consent to an adoption order, whether given in the prescribed specific form of consent or the prescribed general form of consent,".

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4. Section & of the principal Ordinance is amended by inserting Ambreen of after subsection (1) the following now subsection......

(A) The Court, in making an adoption order shall consider whether it is in the interests of the infant that his true identity should be disclosed to him, having regard to the views of the pro- spective adopter, the opinion of the Director and also to the "age and understanding of the infant.”.

section 8.

5.

Section II of the principal Ordinance is repealed.

Ef kecbon 11.

*. Section 12 of the principal Ordinance is amended in subsec- Amendmen of Gion (3)-

McCabe 12.

(a) by deleting the colon and substituting a full stop; and

(b) by deleting the proviso.

7.

Section 20 of the principal Ordinance is amended-

"G7 1976 c.30.

(a) by deleting subsection (1) and substituting the following—

(0) The Court may, on the application of the adopler or of the adopted person, amend the order by the corres- tion of any error in the particulars contained" therein, and may-

Schedule 1.

# 4.]

(a)

if satisfied on the application of the adopter or of the adopted person that within 1 year beginning with the date of the order any new hame has been given to the adopted person (whether in baptism or otherwise), or taken by him, either in lieu of or in addition to a name specified in the particulars re- quired to be entered in the Adopted Children Register in pursuance of the order, amend the order by substituling or adding that name in those particulars, as the case may require;

(b) if satisfied on the application of any person con- cerned that a direction for the marking of an entry in the registers of birth or the Adopted Children Register included in the order in pursuance of section 1903) or (4) was wrongly so included, revoke that direction."";

(6) by inserting after subsection (1) the following new subsection—

A

"(1A) Where an adoption order is amended or direction revoked under subsection (1), the prescribed officer of the court shall cause the amendment to be communicated in the prescribed manner to the Registrar, who shall as the case may require-

(c) cause the entry in the Adopted Children Register

to be amended accordingly; or

(b) cause the marking of the entry in the registers of births or the Adopted Children Register to be cancelled."; and

(c) in subsection (2)—–—–—–—–

(1) by deleting "which made the order"; and

(i) by inserting after "entry" in the second place where it occurs, the following-

*or any marking of an entry",

Aineadment of Section 20.

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