### Child Abduction and Custody Ordinance 《擄拐和管養兒童條例》

16. Court of First Instance may make order prohibiting removal of child from Hong Kong except to habitual residence, etc.
(1) In this section—
home state (本國), in relation to a child, means the Contracting State of the child’s habitual residence.
(2) This section applies to a child if—
(a) a judicial or administrative authority of the child’s home state has made an order providing for the child to be taken to Hong Kong temporarily (whether or not also to another jurisdiction) for enabling a person to exercise the rights of access to the child; or
(b) all of the following conditions are met—
(i) a judicial or administrative authority of a Contracting State has made a decision or other determination that the child has been wrongfully removed to or retained in that State within the meaning of Article 3 of the Convention;
(ii) that authority has made an order providing for the return of the child to the child’s home state via Hong Kong (whether or not also via another jurisdiction);
(iii) the child is in, or will be entering, Hong Kong in transit on return to the child’s home state.
(3) The Court of First Instance may, on application by the Secretary for Justice, make an order prohibiting the removal of the child from Hong Kong to a jurisdiction other than—
(a) the child’s home state; 
(b) another jurisdiction as may be specified in the order mentioned in subsection (2)(a) or (b)(ii).
(4) If the Court of First Instance has made an order under subsection (3), it may do one or more of the following—
(a) vary or discharge the order;
(b) suspend the operation of a provision of the order, and revive the operation of the provision so suspended.
(5) This section does not affect the powers and discretions of the Court of First Instance that are exercisable apart from this section.
(6) The Secretary for Justice may make an application under this section on request by the Central Authority of a Contracting State.
(7) Unless otherwise directed by the Court of First Instance, the application may be made ex parte.
(Added 16 of 2014 s. 13)

### Child Abduction and Custody Ordinance 《擄拐和管養兒童條例》

17. Court of First Instance may make recovery order relating to child’s return
(1) In this section—
applicable proceedings (適用程序) means proceedings under the Convention that are commenced in Hong Kong for the return of a child to another Contracting State.
(2) For any applicable proceedings relating to a child, the Court of First Instance may, on application, make a recovery order providing for one or more of the following—
(a) requiring a person to return or deliver the child to another person specified by the Court (specified person);
(b) authorizing or directing a police officer to do one or more of the following for finding the child (and to do so with the assistance the officer requires and by force if necessary)—
(i) stop and search a vehicle, vessel or aircraft;
(ii) enter and search a place;
(c) authorizing or directing a police officer to recover the child (and to do so with the assistance the officer requires and by force if necessary);
(d) authorizing or directing a police officer to return or deliver the recovered child to the specified person;
(e) authorizing or directing a police officer to take the recovered child to, and keep the child in, a place of safety until the return or delivery of the child to the specified person;
(f) if the specified person cannot be contacted within a reasonable time—authorizing or directing the Director of Social Welfare to take the follow-up actions that the Director considers appropriate;
(g) giving directions about the day-to-day care of the child until the return or delivery of the child to the specified person.
(3) Any of the following persons may apply for a recovery order—
(a) a party to the applicable proceedings;
(b) the Secretary for Justice.
(4) Unless otherwise directed by the Court of First Instance, the application may be made ex parte.
(Added 16 of 2014 s. 13)

### Child Abduction and Custody Ordinance 《擄拐和管養兒童條例》

18. Notification of recovery orders
(1) This section applies if a recovery order has been made in relation to a child.
(2) For the purposes of section 19—
(a) an applicant for a recovery order may notify the Director of Immigration that the order has been made; and
(b) an applicant for a recovery order that has been revived after suspension may notify the Director of Immigration that the order has been revived.
(3) If an applicant has given a notification under subsection (2), the applicant must as far as practicable inform each party to the related applicable proceedings mentioned in section 17 that the notification has been given.
(4) A failure to comply with subsection (3) does not affect the validity of a recovery order or the operation of section 19.
(5) Subsection (6) applies if—
(a) a recovery order has been varied by the Court of First Instance; or
(b) a recovery order has been discharged on appeal or by the Court of First Instance, or suspended on or pending appeal.
(6) For the purposes of section 19, an applicant for a recovery order who has given a notification under subsection (2) must, or a person affected by the order may, notify the Director of Immigration about the matter mentioned in subsection (5)(a) or (b) (whichever is applicable).
(7) The notification under subsection (2) or (6) must be—
(a) given in a manner and form specified by the Director of Immigration; and
(b) accompanied by the supporting documents required by the Director of Immigration.
(Added 16 of 2014 s. 13)

### Child Abduction and Custody Ordinance 《擄拐和管養兒童條例》

19. Authorized officer may detain child being removed out of Hong Kong in breach of recovery order 
(1) An authorized officer may detain a child if the following conditions are met—
(a) the officer is satisfied that—
(i) a notification has been given under section 18(2), or a notification about the matter mentioned in section 18(5)(a) has been given under section 18(6), in relation to the child; and
(ii) no notification about the matter mentioned in section 18(5)(b) has been given under section 18(6) in relation to the child; and
(b) the officer reasonably suspects that the child is about to be, or is being, removed out of Hong Kong.
(2) To avoid doubt—
(a) the mere fact that the matter mentioned in section 18(5)(b) exists does not render unlawful the exercise of the power by an authorized officer under subsection (1) if the officer is unaware of that fact; and
(b) if the officer has detained a child under subsection (1), the officer may continue to do so for as long as it is necessary for the officer to discharge the functions under subsection (3) or (4), regardless of whether the condition in subsection (1)(b) continues to be met.
(3) If an immigration officer detains a child under subsection (1), the officer must as soon as practicable transfer the child into the charge of a police officer.
(4) If a police officer detains a child under subsection (1) or a child is transferred into the charge of a police officer under subsection (3)—
(a) the police officer must as soon as practicable take the child to, and keep the child in, a place of safety until the return or delivery of the child to a person specified in the recovery order; and
(b) if the person cannot be contacted within a reasonable time, the Director of Social Welfare is to take the follow-up actions that the Director considers appropriate.
(Added 16 of 2014 s. 13)