### Adoption Ordinance 《領養條例》

20B. Convention to have force of law in Hong Kong
Subject to the provisions of this Part, the Articles of the Convention set out in Schedule 3 shall have the force of law in Hong Kong.

20C. Application of the other Parts of this Ordinance
(1) Subject to the provisions of this Part, all the provisions of the other Parts of this Ordinance shall apply in relation to a Convention adoption.
(2) An adoption order under section 4 shall be made as a Convention adoption order if the application is made in respect of a Convention adoption.
(3) An application made under section 4 for the grant of a Convention adoption order shall be commenced in the Court, and section 4A shall not apply in relation to the application.
(4) Sections 5(5)(a), (5A), (5B), (5C), (5D), (5E) and (5F), 5A, 5B, 6 (other than subsection (2)) and 7 shall not apply in relation to any Convention adoption in respect of which Hong Kong acts as the receiving State.
(5) Section 5(6) shall not apply in relation to any Convention adoption order, and the Court shall not make a Convention adoption order in respect of an infant unless—
(a) (if Hong Kong acts as the receiving State) the applicant habitually resides in Hong Kong and the infant habitually resides in a Contracting State; or
(b) (if Hong Kong acts as the State of origin) the infant habitually resides in Hong Kong and the applicant habitually resides in a Contracting State.
(6) Where—
(a) an application is made for a Convention adoption order; and
(b) the Convention adoption is one in respect of which Hong Kong acts as the receiving State,
then—
(c) section 8(1)(a) shall not apply; and
(d) the Court shall be satisfied that any person whose consent is necessary under section 5(5)(b), and whose consent is not dispensed with, has consented to and understands the nature and effect of the adoption order for which the application is made.
(7) Section 9 shall not apply in relation to an application for a Convention adoption order.

### Adoption Ordinance 《領養條例》

20D. Contracting States
(1) For the purposes of the Convention as it has effect under this Ordinance, the Secretary for Labour and Welfare may, by order published in the Gazette, declare that a State specified in the order— (Amended L.N. 130 of 2007)
(a) is a Contracting State; or
(b) (where a State has made a declaration under Article 45 of the Convention so that the Convention applies only to such territorial unit or units as specified in the declaration) is a Contracting State in respect of any territorial unit or units specified in the order.
(2) Unless the order under subsection (1) otherwise provides, the Convention as it has effect under this Ordinance shall apply to a Convention adoption between Hong Kong and a Contracting State only in relation to an application—
(a) made pursuant to Article 14 of the Convention; and
(b) received on or after such date of the coming into effect of the Convention between Hong Kong and that State as specified in the order.

20E. Central Authority
(1) The functions under the Convention of the Central Authority shall be discharged by the Director.
(2) Any application made under Article 14 of the Convention by a person habitually resident in Hong Kong for the adoption of an infant habitually resident in a Contracting State shall be addressed to the Director as the Central Authority in Hong Kong.
(3) In complying with the obligation to provide any report or other information under Article 15 or 16 of the Convention, the Director as the Central Authority may request any person as he may specify to make a report to him with respect to any matter which appears to him to be relevant; and the person shall comply with such a request.
(4) The Director may, to the extent permitted by the provisions of the Convention, delegate his functions as the Central Authority to accredited bodies.

20F. Recognition of Convention adoption made outside Hong Kong
(1) This section applies to and in relation to a Convention adoption made in accordance with the provisions of the Convention—
(a) in a Contracting State; or
(b) in any other part of the People’s Republic of China where the Convention is in force.
(2) Subject to sections 20G and 20H, a Convention adoption to which this section applies shall, for the purposes of this Ordinance and all other Ordinances, have the same effect as an adoption order validly made in accordance with this Ordinance in respect of a full adoption (as defined in section 20G(2)), and shall have no other effect.
(3) A Convention adoption certificate in respect of an adoption issued by the competent authority authorized in that behalf in the place where the adoption was made is for all purposes prima facie evidence of the facts stated on it.

### Adoption Ordinance 《領養條例》

20G. Convention adoption not recognized as full adoption on application to Court
(1) Where, in the case of a Convention adoption referred to in section 20F(1), the Court is satisfied, on an application under this subsection, that—
(a) under the law of the place in which the adoption was made, the adoption is not a full adoption;
(b) the consents referred to in Article 4(c) and (d) of the Convention have not been given for a full adoption; and
(c) it would be more favourable to the adopted person for a direction to be given under this subsection,
the Court may direct that section 20F(2) shall not apply, or shall not apply to such extent as may be specified in the direction.
(2) In this section, full adoption (完全領養) means an adoption by virtue of which the adopted person falls to be treated in law as if he were not the child of any person other than the adopter.

20H. Convention adoption not recognized on public policy ground
(1) The Court may on application declare that a Convention adoption referred to in section 20F(1) shall not be recognized in Hong Kong on the ground that the adoption is manifestly contrary to public policy, taking into account the best interests of the infant.
(2) Except as provided in subsection (1), the validity of a Convention adoption to which section 20F applies shall not be impugned in Hong Kong in proceedings in any court.

20I. Convention adoption certificate issued in Hong Kong
The Court may on an application by a person issue a Convention adoption certificate in respect of a Convention adoption order.

20J. Modification of the definition of Convention adoption

### Adoption Ordinance 《領養條例》

21. Supervision of infants
(1) Subject to the provisions of subsection (2), the Director or any public officer authorized by him for the purposes of this section may visit and examine any infant in respect of whom a notification has been given to the Director under section 5(7)(b) and may enter and inspect any premises in which the Director or such public officer has reason to believe such infant is being kept. (Amended 1 of 1958 s. 2; 21 of 1960 s. 6)
(2) The powers conferred by subsection (1) shall cease—
(a) upon such notification being withdrawn; or
(b) upon an adoption order being made in respect of the infant. (Replaced 80 of 1997 s. 27)
(c) (Repealed 80 of 1997 s. 27)(3) Any person who refuses to allow the Director or officer authorized by him to make a visit, examination, entry or inspection in accordance with subsection (1) shall be guilty of an offence and shall be liable to a fine at level 6. (Amended 1 of 1958 s. 2; 21 of 1960 s. 6; 28 of 2004 s. 27)
[cf. 1950 c. 26 s. 34 U.K.]