### Transfer of Sentenced Persons Ordinance 《移交被判刑人士條例》

10. Transitional
(1) Where—
(a) a sentenced person is in custody in Hong Kong by virtue of a warrant issued under the Repatriation of Prisoners (Overseas Territories) Order 1986 (App. III, p. C1)*; and
(b) the sentence to be served by that person has not expired on or before the date on which—
(i) any arrangements for the transfer of sentenced persons come into operation between Hong Kong and the place outside Hong Kong from which that person was brought into Hong Kong pursuant to the warrant; or
(ii) that Order ceases to be part of the law of Hong Kong,
whichever first occurs,
then that warrant shall be deemed to be an inward warrant issued under this Ordinance on that date in respect of the unexpired portion of that sentence remaining to be served after that date, and the other provisions of this Ordinance (including section 6) shall be construed accordingly.
(2) If any sentenced person who has been removed from Hong Kong—
(a) by virtue of a warrant issued under the Repatriation of Prisoners (Overseas Territories) Order 1986 (App. III, p. C1)*; and
(b) returns to Hong Kong—
(i) before the completion of the sentence imposed on him in Hong Kong; and
(ii) without the consent in writing of the Chief Executive,
then—
(i) the sentenced person may be taken in Hong Kong in like manner as a person who has escaped from a prison in Hong Kong; and
(ii) subject to subsection (3), the sentenced person, if so taken, shall serve in Hong Kong—
(A) the unexpired portion of that sentence remaining to be served commencing on the date on which he is so taken; and
(B) all or so much of the period—
(I) between the date on which, for whatever reason, he ceased to serve that sentence in the place outside Hong Kong concerned and the date referred to in subparagraph (A); and
(II) as the Chief Executive directs in writing that he shall so serve.
(3) Subsection (2)(ii) shall not operate to—
(a) prevent the Chief Executive from issuing an outward warrant in respect of the sentenced person referred to in that subsection; or
(b) prejudice the exercise by any person (whether or not the Chief Executive) of any power under any law to pardon the sentenced person or commute or otherwise shorten all or any part of the sentence referred to in that subsection.
(Amended 15 of 1999 s. 3)

11. (Omitted as spent—E.R. 1 of 2019)

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

1. Short title
(1) This Ordinance may be cited as the Child Abduction and Custody Ordinance.
(2) (Omitted as spent—E.R. 3 of 2017)

2. Interpretation
In this Ordinance, unless the context otherwise requires—

application under Part 2 (第2部之下的申請) means—
(a) an application under the Convention; or
(b) an application under section 15, 16 or 17; (Added 16 of 2014 s. 5)

authorized officer (獲授權人員) means—
(a) a police officer; or 
(b) an immigration officer; (Added 16 of 2014 s. 5)

the Convention (《公約》) means the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25 October 1980;
Court of First Instance (原訟法庭) means the Court of First Instance of the High Court; (Replaced 25 of 1998 s. 2)
custody order (管養令) means an order specified in Schedule 2;
District Court (區域法院) means the District Court established by section 3 of the District Court Ordinance (Cap. 336); (Added 16 of 2014 s. 5)
immigration officer (入境事務人員) means the holder of a rank specified in Schedule 1 to the Immigration Service Ordinance (Cap. 331); (Added 16 of 2014 s. 5)
place of safety (安全地方) includes a place listed in the Schedule to the Protection of Children and Juveniles (Places of Refuge) Order (Cap. 213 sub. leg. B ); (Added 16 of 2014 s. 5)
prohibition order (禁止離境令) means an order made under section 21(3); (Added 16 of 2014 s. 5)
recovery order (返還令) means an order made under section 17(2). (Added 16 of 2014 s. 5)
(Amended 16 of 2014 s. 5)

3. Convention to have force of law in Hong Kong
Subject to the provisions of this Part, the provisions of the Convention as set out in Schedule 1 shall have the force of law in Hong Kong.
(Amended 16 of 2014 s. 7)[cf. 1985 c. 60 s. 1(2) U.K.]

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

4. Contracting States
(1) For the purposes of the Convention as it has effect under this Part, the Contracting States shall be those for the time being specified by an order made by the Chief Executive and published in the Gazette under this section. (Amended 66 of 1999 s. 3; 16 of 2014 s. 8)
(2) (a) An order under this section shall specify the date of the coming into force of the Convention as between Hong Kong and any State specified in the order.
(b) Unless the order otherwise provides, the Convention shall apply as between Hong Kong and that State only in relation to wrongful removals or retentions occurring on or after that date.
(3) Where the Convention applies, or applies only, to a particular territory or particular territories specified in a declaration made by a Contracting State under Article 39 or 40 of the Convention, references to that State in subsections (1) and (2) shall be construed as references to that territory or those territories.
[cf. 1985 c. 60 s. 2 U.K.]

5. Central Authorities
(1) The functions under the Convention of a Central Authority shall be discharged by the Secretary for Justice.
(2) Any application made under the Convention by or on behalf of a person outside Hong Kong may be addressed to the Secretary for Justice as the Central Authority in Hong Kong.
(Amended L.N. 362 of 1997)[cf. 1985 c. 60 s. 3(1) & (2) U.K.]

6. Judicial authorities
The Court of First Instance shall have the jurisdiction to hear and determine an application under the Convention.
(Amended 25 of 1998 s. 2)[cf. 1985 c. 60 s. 4 U.K.]

7. Powers of Court of First Instance in applications under Part 2
(1) Before an application under Part 2 is determined, the Court of First Instance may do one or more of the following—
(a) give an interim direction as the Court thinks fit for securing the welfare of the child concerned, or for preventing changes in the circumstances relevant to determining the application;
(b) require the personal attendance of a person specified by the Court, including either or both of the parents of the child, at the hearing of the application.
(2) This section does not affect the powers and discretions of the Court of First Instance that are exercisable apart from this section.
(Replaced 16 of 2014 s. 9)