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THE LAW REFORM COMMISSION OF HONG KONG - page 316 / 360

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any other person concerned with the care, welfare or development of the child.”

13.76The court can make a “Commonwealth information order” under section 67N to seek information on the child’s location, which may be contained in government records.1351  Subsection (4) provides that a location order stays in force for 12 months or such longer period as the court considers appropriate.  The person to whom it applies must provide the information sought by the order as soon as practicable, or as soon as practicable after the person obtains it.1352

Recovery order

13.77A recovery order is dealt with in Section 67Q.  This requires the return of the child, grants stop and search powers to recover the child and delivers him to the appropriate person, and prohibits a person from removing a child.  A recovery order also gives directions about the day-to-day care of the child until he is returned or delivered to another person.  The persons who can apply for a recovery order are similar to those for a location order.  The order can also authorise the arrest, without warrant, of a person who again removes or takes possession of a child.

Taking child overseas

13.78Section 65Y deals with parental obligations if a residence order, contact order or care order has been made:

“(1)If a residence order, a contact order or a care order (the 'Part VII order') is in force, a person who was a party to the proceedings in which the order was made, or a person who is acting on behalf of, or at the request of, a party, must not, intentionally or recklessly, take or send, or attempt to take or send, the child concerned from Australia to a place outside Australia except as permitted by subsection (2).  Penalty:  Imprisonment for 3 years; and

(2)Subsection (1) does not prohibit taking or sending, or attempting to take or send, the child from Australia to a place outside Australia if:

(a)it is done with the consent in writing (authenticated as prescribed) of each person in whose favour the Part VII order was made; or

(b)it is done in accordance with an order of a court made, under this Part or under a law of a State or Territory, at the time of, or after, the making of the Part VII order”.

1351 This is “commonwealth” in the sense of jurisdiction over States and Territories of Australia and not the wider Commonwealth.

1352 Subsection (5).

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