| Introduction The
Convention and the CACO The
Convention on the Civil Aspects of International Child Abduction ("the Convention")
was signed at The Hague on 25 October 1980 during the Fourteenth Session of the
Hague Conference on Private International Law. It entered into force in Hong Kong
in September 1997, and was incorporated into Hong Kong law through the enactment
of the Child
Abduction and Custody Ordinance (Cap. 512) ("CACO"). Subject to the provisions
of the CACO, the provisions of the Convention as set out in Schedule
1 to the CACO have the force of law in Hong Kong. Each Contracting State to
the Convention designates a Central Authority to discharge the relevant functions
under the Convention. In Hong Kong, such functions are discharged by the Secretary
for Justice. 
Objectives
| The following are
the objects of the Convention - | - to
secure the prompt return of children wrongfully removed to or retained in any
Contracting State;
- to
ensure that rights of custody and of access under the law of one Contracting State
are effectively respected in the other Contracting States.
|
Application
of the Convention General
application
| In Hong Kong, the
Convention - | |
|
Return
of abducted children The
Central Authority of Hong Kong is to co-operate with the Central Authorities of
Contracting
States and territories having a Convention relationship with Hong Kong to
assist in securing the prompt return of children wrongfully removed or retained.
For more information on the requirements under the CACO
and the Convention and applications for assistance, please click here.
Exercise
of rights of access to children The
Central Authority of Hong Kong is to co-operate with the Central Authorities of
Contracting
States and territories having a Convention relationship with Hong Kong to
assist in organizing or securing the effective exercise of rights of access to
children. For more information on the requirements under the CACO
and the Convention and applications for assistance, please click here.
More
information about the Convention More
information about the Convention can be found at the Child
Abduction Home Page of the Hague Conference on Private International Law.
The Explanatory
Report drawn up by Ms E. Perez Vera is in particular a very useful document.
Details of all Contracting States and territories to the Convention are contained
in the Full
Status Report Convention #28 prepared by the Permanent Bureau of the Hague
Conference. However, you should note that Convention relationship only exist between
Hong Kong and those Contracting States and territories specified in the Schedule
to the Child
Abduction and Custody (Parties to Convention) Order (Cap. 512 sub. leg.).
  Last
review date: 6
Jul 2006
| 
