TNAG-0662-FCO40-811-Legislation-on-immigration-in-Hong-Kong-1977 — Page 51

3.

ADOPTION (AMENDMENT)

Ord. No. 48/77

A197

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.

(5E) Where the Court makes an order under subsection (5D) revoking a consent given in the prescribed general form of consent the parental rights, duties, obligations and liabilities relating to 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.

(5F) The Director shall, immediately upon the execu- 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 a colon; and

(ii) by inserting at the end of the subsection the following- "Provided that this subsection shall not apply to a consent given by a parent in the prescribed general form of consent.";

(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-

4.

"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,".

Amendment of section 7.

Section 8 of the principal Ordinance is amended by inserting Amendment of after subsection (1) the following new subsection-

section 8.

"(1A) 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.".

5. Section 11 of the principal Ordinance is repealed.

Repeal of section 11.

6.

Section 12 of the principal Ordinance is amended in subsec- Amendment of

tion (3)

section 12.

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

(b) by deleting the proviso.