| Judicial
procedures and enforcement Powers
of the court In
Hong Kong, by virtue of section
6 of the CACO, the Court of First Instance of the High Court hears and determines
an application under the Convention. The relevant procedural rules are in Order
121 of the Rules of the High Court (Cap. 4 sub. leg.) (Appendix A referred
to in Order 121 can be accessed by clicking here).
Section
7 of the CACO also confers powers on the court to give interim directions
for securing the welfare of the child in question or preventing changes in the
circumstances relevant to the determination of an application. 
Expedited
hearing The
Convention requires the judicial or administrative authorities of Contracting
States and territories to act expeditiously in proceedings for the return of children.
If the judicial or administrative authority concerned has not reached a decision
within 6 weeks from the date of commencement of the relevant proceedings, the
applicant or the Central Authority of the requested Contracting State or territory
may request a statement of the reasons for the delay. In Hong Kong, Order
121 of the Rules of the High Court (Cap. 4 sub. leg.) provides for a tight
timetable for filing evidence, and every effort will be made by the court to fix
a date for the hearing within the shortest possible time frame.
Appeals In
Hong Kong, an appeal against a decision of the Court of First Instance of the
High Court is to be made to the Court of Appeal and the relevant procedural rules
are in Order
59 of the Rules of the High Court (Cap. 4 sub. leg.). A party who wishes to
appeal has to lodge a notice of appeal setting out the grounds of appeal within
28 days after the date of the sealing of the order of the Court of First Instance.
In case of utmost urgency, the normal appeal period may be abridged by making
special arrangements with the Court of Appeal. Generally the ground of appeal
is that the Court of First Instance was wrong on a question of law or of fact
or of mixed law and fact.
Enforcement
When
a Hong Kong court makes an order for the return of a child, measures dealing with
the practical arrangement for the return can be included in the order (e.g. details
of the departure flight, the person who has agreed to accompany the child to the
airport, the person who has agreed to pick up the child at the place of habitual
residence, etc.). The assistance of other government departments such as the Hong
Kong Police Force, the Immigration
Department and the Social
Welfare Department would be enlisted where necessary. If
a court order is not complied with, the power of the court to punish for contempt
of court may be exercised by an order of committal. This is useful if the person
who fails to comply with the order is still within Hong Kong and the original
order has been served on him/her. The relevant procedural rules are in Order
52 of the Rules of the High Court (Cap. 4 sub. leg.).
  Last
review date: 2
Oct 2009
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