### Adoption Ordinance 《領養條例》

22. Prohibition of certain payments
(1) Save with the sanction of the Court, no person shall make or give or agree to make or give, or receive or agree to receive, or attempt to obtain, any payment, remuneration or reward whatsoever in connexion, directly or indirectly, with the adoption or proposed adoption of an infant, except— (Amended 28 of 2004 s. 28)
(a) in consideration of the professional services of a qualified barrister or solicitor within the meaning of the Legal Practitioners Ordinance (Cap. 159);
(b) payment to an accredited body for its cost and expenses reasonably incurred in connection with the adoption or proposed adoption of an infant, in an amount that is calculated in accordance with a schedule of fees approved by the Director from time to time in relation to the accredited body.
(2) Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable to a fine at level 6 and to imprisonment for 6 months.
(3) The provisions of this section shall not apply to the payment to the Director of any fee prescribed by rules made in accordance with the provisions of section 12. (Added 21 of 1960 s. 8)
(Amended 28 of 2004 s. 28)[cf. 1950 c. 26 s. 37(1) U.K.]

23. Restrictions upon advertisements
(1) Except with the written consent of the Director, no advertisement shall be published indicating— (Amended 1 of 1958 s. 2; 21 of 1960 s. 6)
(a) that the parent or guardian of an infant desires to cause the infant to be adopted;
(b) that a person desires to adopt an infant; or
(c) that any person is willing to make arrangements for the adoption of an infant.
(2) Any person who causes to be published or knowingly publishes an advertisement in contravention of the provisions of this section shall be guilty of an offence and shall be liable to a fine at level 5. (Amended 28 of 2004 s. 29)
[cf. 1950 c. 26 s. 38 U.K.]

### Adoption Ordinance 《領養條例》

23A. Restriction on arranging adoption and placing of infant for adoption
(1) Subject to subsections (2) and (3), no person other than—
(a) the Director;
(b) an accredited body acting under and in accordance with its accreditation; or
(c) a person acting in pursuance of an order of the Court,
shall make arrangements for the adoption of an infant, or place an infant for adoption.
(2) Subsection (1) shall not apply if the prospective adopter, or (where the prospective adopters are 2 spouses) either of the prospective adopters, is—
(a) a parent or relative of the infant; or
(b) a person who is married to a parent of the infant.
(3) If an arrangement leads to the placement of an infant from a place that lies outside Hong Kong but within the People’s Republic of China with a person resident in Hong Kong, then subsection (1) shall not apply to the arrangement nor the placement.
(4) A person who—
(a) contravenes subsection (1); or
(b) receives an infant placed with him in contravention of subsection (1),
shall be guilty of an offence and shall be liable to a fine at level 6 and to imprisonment for 6 months.
(5) For the purposes of this section, a person shall be deemed to make arrangements for the adoption of an infant if—
(a) he enters into any agreement, or makes any arrangement, for the adoption of the infant by any other person where the adoption is effected, or is intended to be effected, in Hong Kong or in a place outside the People’s Republic of China;
(b) he initiates or takes part in negotiations the purpose or effect of which is the conclusion of any agreement, or the making of any arrangement, as referred to in paragraph (a); or
(c) he causes another person to do an act specified in paragraph (a) or (b).
(Added 28 of 2004 s. 30)[cf. 1976 c. 36 s. 11 U.K.; 1976 c. 36 s. 72(3) U.K.]

### Adoption Ordinance 《領養條例》

23B. Order passing care and control of infant with a view to his adoption
(1) Where on an application made to the Court by the Director in relation to an infant residing in Hong Kong, the Court is satisfied that care and control of the infant should be passed to a person authorized by the Director for the purposes of this subsection with a view to adoption of the infant by a person not residing in Hong Kong, then the Court may, subject to subsection (2), make an order to that effect.
(2) The Court shall not make an order under subsection (1) unless it is satisfied—
(a) that—
(i) the infant is freed for adoption by virtue of an order made under section 5A;
(ii) consent for the infant to be adopted has been given by each and every person whose consent is required by section 5(5)(a); or
(iii) (where any person whose consent is required by section 5(5)(a) has not given such consent) were the application made for an adoption order, his consent ought, in all the circumstances of the case, to be dispensed with under section 6; and
(b) that the order will be in the best interests of the infant, due consideration being for this purpose given to the wishes and opinions of the infant, having regard to the age and understanding of the infant.
(Added 28 of 2004 s. 30)

### Adoption Ordinance 《領養條例》

23C. Restriction on removal of infant with a view to adoption
(1) Except under the authority of an order under section 23B, it shall not be lawful for any person to take or send an infant residing in Hong Kong to any place outside Hong Kong with a view to the adoption of the infant by any person not being a parent or relative of the infant.
(2) Any person who takes or sends an infant out of Hong Kong to any place in contravention of subsection (1), or makes or takes part in any arrangement for placing an infant with any person for the purpose of adoption as referred to in that subsection, shall be guilty of an offence and shall be liable to a fine at level 6 and to imprisonment for 6 months.
(3) For the purposes of subsection (1), relative (親屬), in relation to an infant, means a grandparent, brother, sister, uncle or aunt of the full blood or of the half blood, but excluding, where the infant is born out of wedlock, the blood relations of his father.
(4) For the purpose of subsection (2), a person shall be deemed to take part in an arrangement for placing an infant with a person if—
(a) he facilitates the placing of the infant with that person;
(b) he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement for such placement; or
(c) he causes another person to do an act specified in paragraph (a) or (b).
(Added 28 of 2004 s. 30)[cf. 1976 c. 36 s. 56 U.K.]

24. Offences by corporations
Where any offence under this Ordinance committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, member of the committee, secretary or other officer of the body, he, as well as the body, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
[cf. 1950 c. 26 s. 41(1) U.K.]

25. Interpretation of Part 7
In this Part and Schedule 4, unless the context otherwise requires—
adoption of overseas children (海外兒童領養) means an adoption within the meaning of paragraph (a) of the definition of non-Convention adoption