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THE LAW REFORM COMMISSION OF HONG KONG - page 347 / 360

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(Paragraph 14.4)

Removal of child from jurisdiction

15.132The sub-committee propose that there should be a provision in primary legislation to restrict removal of a child without the consent of the parent who has control of the child’s residence or with whom the child has regular contact.  We express a preference for the Scottish provisions, and would suggest that a provision along the lines of section 2(3) of the Children (Scotland) Act 1995 be adopted.  (Paragraph 14.7)

15.133We also propose that this section would apply in cases where proceedings had already been issued or court orders made concerning the child.  It would also extend to any child of the family.  Rule 94(2) of the Matrimonial Causes Rules (Cap 179), which allows an application to the court to prevent removal, should also be enacted into primary legislation.1391  (Paragraph 14.9)

Disclosure of whereabouts

15.134We recommend a power to order the disclosure of the whereabouts of the child along the lines of section 36 of the Irish Child Abduction and Enforcement  of Custody Orders Act 1991.  (Paragraph 14.11)

Location and recovery orders

15.135We recommend the adoption of provisions similar to those in Australia on location and recovery orders, as these would be useful in Hong Kong.  The Australian sections on a recovery order are preferred to the English provisions.1392  (Paragraph 14.12)

Surrender of passport

15.136The sub-committee recommend the retention of the status quo though a minority of members recommend a power to order the surrender of all passports, Chinese re-entry permits and travel documents, where the court had made or was making an order prohibiting removal of the child.  We note that the Australian section 67ZD of the Family Law Act 1995, which gave power to the court to order the surrender of the passport to the court, does not cover such situations as the length of removal of the passport.1393  We reject the adoption of a similar proposal for Hong Kong.  (Paragraph 14.17)

Notification of order to Immigration Department

1391 For text, see chapter 13.

1392 For text, see chapter 13 and for text of proposed Hong Kong provision, see Annex 1.

1393 For text, see chapter 13.

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