XN000022-1997-04-30 — Page 35

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Second reading of Child Abduction and Custody Bill

Following is a speech by the Secretary for Health and Welfare, Mrs Katherine Fok, in moving the second reading of the Child Abduction and Custody Bill in the Legislative Council today (Wednesday):

Mr President,

I move that the Child Abduction and Custody Bill be read the Second time. The Bill proposes new domestic legislation to implement the Convention on the Civil Aspects of International Child Abduction in Hong Kong.

The Convention, signed at the Hague on 25 October 1980, seeks to ensure the prompt return home of a child wrongfully removed from his/her habitual place of residence in violation of custody rights. It is now in force in about 40 countries including Australia, Canada, New Zealand, the United Kingdom and the United States.

The Bill comprises the following major provisions -

Firstly, the Bill sets out in a schedule those provisions of the Convention to which legal effect needs to be given.

Secondly, the Bill designates the Attorney General as the Central Authority and defines his powers pursuant to the obligations stipulated under the Convention.

Thirdly, the Bill designates the High Court as the judicial authority to consider applications and to give interim directions where appropriate for securing the welfare of the child concerned.

At present, if a child were abducted to another country in violation of a custody order, the custodian parent would have to apply for a court order in the jurisdiction to which the child had been taken to secure the return of the child. Given that the case would be dealt with according to the laws of the jurisdiction in which the child was being held, it frequently involved protracted litigation. The legal proceedings might also involve a full review into the merits of the original custody order which might not be recognised and enforceable in a different jurisdiction.

While ensuring a swift return of the child to his place of habitual residence, the Convention also provides for exceptional circumstances where the judicial authority concerned may in the best interest of the child refuse to order his return.