1964_ADOPTION_ORDINANCE — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

6

CAP. 290]

Revocation of section 5A order.

[cf. 1976 c. 36, s. 20.)

Adoption

[1987 Ed.

(3) Before making an order under this section, the Court shall notify every person whose consent is to be dispensed with and who can be found (other than a person who is incapable of giving his consent) of the application under subsection (1) and give every such person an opportunity of being heard.

(4) On the making of an order under this section-

(a) all rights, duties, obligations and liabilities of the parents or guardians of the infant, referred to in section 13(1), shall vest in the Director as if the order were an adoption order and the Director were the adoptor;

(b) the Director may place the infant for adoption; and

(c) section 5(5)(a) shall not apply.

(Added, 13 of 1987, s. 4)

5B. (1) Any person whose consent is required by section 5(5)(a) (hereinafter in this section referred to as "former parent"), at any time more than 1 year after the making of the order under section 5A, may if

(a) no adoption order or interim order has been made in respect of the infant; and

(b) the infant does not have his home with a person with whom he has been placed for adoption,

apply to the Court which made the order for a further order revoking it on the ground that the former parent wishes to resume the rights, duties, obligations and liabilities referred to in section 13(1).

(2) While an application under subsection (1) is pending the Director shall not place the infant for adoption without the leave of the Court.

(3) Where an order under section 5A is revoked under this section-

(a) all rights, duties, obligations and liabilities of the parents or guardians of the infant, referred to in section 13(1), shall be vested in the person or, as the case may be, the persons in whom they were vested immediately before that order was made;

(b) if such rights, duties, obligations and liabilities, or any of them, were vested in the Director immediately before that order was made, those rights, duties, obligations and liabilities shall be vested in the person or, as the case may be, the persons in whom they were vested immediately before they were vested in the Director,

but the revocation shall not affect any right, duty, obligation or liability so far as it relates to any period before the date of revocation.

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6 CAP. 290] Revocation of section 5A order. [cf. 1976 c. 36, s. 20.) Adoption [1987 Ed. (3) Before making an order under this section, the Court shall notify every person whose consent is to be dispensed with and who can be found (other than a person who is incapable of giving his consent) of the application under subsection (1) and give every such person an opportunity of being heard. (4) On the making of an order under this section- (a) all rights, duties, obligations and liabilities of the parents or guardians of the infant, referred to in section 13(1), shall vest in the Director as if the order were an adoption order and the Director were the adoptor; (b) the Director may place the infant for adoption; and (c) section 5(5)(a) shall not apply. (Added, 13 of 1987, s. 4) 5B. (1) Any person whose consent is required by section 5(5)(a) (hereinafter in this section referred to as "former parent"), at any time more than 1 year after the making of the order under section 5A, may if (a) no adoption order or interim order has been made in respect of the infant; and (b) the infant does not have his home with a person with whom he has been placed for adoption, apply to the Court which made the order for a further order revoking it on the ground that the former parent wishes to resume the rights, duties, obligations and liabilities referred to in section 13(1). (2) While an application under subsection (1) is pending the Director shall not place the infant for adoption without the leave of the Court. (3) Where an order under section 5A is revoked under this section- (a) all rights, duties, obligations and liabilities of the parents or guardians of the infant, referred to in section 13(1), shall be vested in the person or, as the case may be, the persons in whom they were vested immediately before that order was made; (b) if such rights, duties, obligations and liabilities, or any of them, were vested in the Director immediately before that order was made, those rights, duties, obligations and liabilities shall be vested in the person or, as the case may be, the persons in whom they were vested immediately before they were vested in the Director, but the revocation shall not affect any right, duty, obligation or liability so far as it relates to any period before the date of revocation.
Baseline (Original)
6 CAP. 290] Revocation of section 5A order. [cf. 1976 c. 36, s. 20.) Adoption [1987 Ed. (3) Before making an order under this section, the Court shall notify every person whose consent is to be dispensed with and who can be found (other than a person who is incapable of giving his consent) of the application under subsection (1) and give every such person an opportunity of being heard. (4) On the making of an order under this section- (a) all rights, duties, obligations and liabilities of the parents or guardians of the infant, referred to in section 13(1), shall vest in the Director as if the order were an adoption order and the Director were the adoptor; (b) the Director may place the infant for adoption; and (c) section 5(5)(a) shall not apply. (Added, 13 of 1987, s. 4) 5B. (1) Any person whose consent is required by section 5(5)(a) (hereinafter in this section referred to as "former parent"), at any time more than 1 year after the making of the order under section 5A, may if (a) no adoption order or interim order has been made in respect of the infant; and (b) the infant does not have his home with a person with whom he has been placed for adoption, apply to the Court which made the order for a further order revoking it on the ground that the former parent wishes to resume the rights, duties, obligations and liabilities referred to in sec- tion 13(1). (2) While an application under subsection (1) is pending the Director shall not place the infant for adoption without the leave of the Court. (3) Where an order under section 5A is revoked under this section- (a) all rights, duties, obligations and liabilities of the parents or guardians of the infant, referred to in section 13(1), shall be vested in the person or, as the case may be, the persons in whom they were vested immediately before that order was made; (b) if such rights, duties, obligations and liabilities, or any of them, were vested in the Director immediately before that order was made, those rights, duties, obligations and liabilities shall be vested in the person or, as the case may be, the persons in whom they were vested immediately before they were vested in the Director, but the revocation shall not affect any right, duty, obligation or liability so far as it relates to any period before the date of revocation.
2026-05-04 02:09:37 · Baseline
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6

CAP. 290]

Revocation of section 5A order.

[cf. 1976 c. 36, s. 20.)

Adoption

[1987 Ed.

(3) Before making an order under this section, the Court shall notify every person whose consent is to be dispensed with and who can be found (other than a person who is incapable of giving his consent) of the application under subsection (1) and give every such person an opportunity of being heard.

(4) On the making of an order under this section-

(a) all rights, duties, obligations and liabilities of the parents or guardians of the infant, referred to in section 13(1), shall vest in the Director as if the order were an adoption order and the Director were the adoptor;

(b) the Director may place the infant for adoption; and

(c) section 5(5)(a) shall not apply.

(Added, 13 of 1987, s. 4)

5B. (1) Any person whose consent is required by section 5(5)(a) (hereinafter in this section referred to as "former parent"), at any time more than 1 year after the making of the order under section 5A, may if

(a) no adoption order or interim order has been made in

respect of the infant; and

(b) the infant does not have his home with a person with

whom he has been placed for adoption,

apply to the Court which made the order for a further order revoking it on the ground that the former parent wishes to resume the rights, duties, obligations and liabilities referred to in sec- tion 13(1).

(2) While an application under subsection (1) is pending the Director shall not place the infant for adoption without the leave of the Court.

(3) Where an order under section 5A is revoked under this section-

(a)

all rights, duties, obligations and liabilities of the parents or guardians of the infant, referred to in section 13(1), shall be vested in the person or, as the case may be, the persons in whom they were vested immediately before that order was made;

(b) if such rights, duties, obligations and liabilities, or any of them, were vested in the Director immediately before that order was made, those rights, duties, obligations and liabilities shall be vested in the person or, as the case may be, the persons in whom they were vested immediately before they were vested in the Director,

but the revocation shall not affect any right, duty, obligation or liability so far as it relates to any period before the date of revocation.

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