| Related
information Criminal
implications Neither
the CACO
nor the Convention creates a criminal offence. However, depending on the actual
circumstances, there may be criminal implications in respect of the removal of
a child in Hong Kong. Section
26 of the Protection
of Children and Juveniles Ordinance (Cap. 213) provides that it is an offence
for a person to take a child away unlawfully against the will of the child's parent
or guardian. Under section
43 of the Offences
Against the Person Ordinance (Cap. 212), there is an offence of "stealing
child under 14 years". Section
126 of the Crimes
Ordinance (Cap. 200) provides for an offence of abduction of an unmarried
girl under 16 against the will of her parent or guardian, and some other sections
of this Ordinance provide for other abduction situations relating to sexual acts.
There are also the common law offences of kidnapping and false imprisonment, and
an offence of kidnapping for a ransom in section
42 of the Offences
Against the Person Ordinance (Cap. 212).
| N.B.
| This
section is for general information and reference only. It is not meant to be exhaustive
of likely offences related to child abduction. | 
  Last
review date: 28 Jan 2011
|