TNAG-1583-FCO40-2157-Extension-of-the-Child-Abduction-and-Custody-Act-1985-to-Hon-1986 — Page 28

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(2) A decision to which either of those Articles applies which was made outside the Territory in a Contracting State shall be recognised in the Territory as if made by a court having jurisdiction to make it in the territory but

-

(a) the appropriate court in the Territory may, on the

application of any person appearing to it to have an interest in the matter, declare on any of the grounds specified in Article 9 or 10 of the Convention that the decision is not to be recognised in the

Territory; and

(b) the decision shall not be enforceable in the

Territory unless registered in the appropriate court

under section 16 below.

(3) The references in Article 9(1)(c) of the Convention to the removal of the child are to his improper removal within the meaning of the Convention.

16. (1) A person on whom any rights are conferred by a decision relating to custody made outside the Territory by an authority in a Contracting State may make an application for the registration of the decision in an appropriate court in

the Territory.

(2) The Central Authority in the Territory shall assist such a person in making such an application if a request for such assistance is made by him or on his behalf by the Central Authority of the Contracting State in question.

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