Hong Kong Ordinances

ADOPTION ORDINANCE - SECT 5B

Revocation of section 5A order

(Past version on 30/06/1997).

(1) Any person whose consent is required by section 5(5)(a)

        (hereinafter in this section referred to as "former parent"), at any time 
more than 1 year after the making of the order under section 5A, may if-

   (a)  no adoption order or interim order has been made in respect of the
        infant; and

   (b)  the infant does not have his home with a person with whom he has been
        placed for adoption, apply to the Court which made the order for a
        further order revoking it on the ground that the former parent wishes
        to resume the rights, duties, obligations and liabilities referred to
        in section 13(1).

(2) While an application under subsection (1) is pending, the Director and any
accredited body shall not place the infant for adoption without the leave of
the Court. (Amended 28 of 2004 s. 11)

(3) Where an order under section 5A is revoked under this section-

   (a)  all rights, duties, obligations and liabilities of the parents or
        guardians of the infant, referred to in section 13(1), shall be vested
        in the person or, as the case may be, the persons in whom they were
        vested immediately before that order was made;

   (b)  if such rights, duties, obligations and liabilities, or any of them,
        were vested in the Director immediately before that order was made,
        those rights, duties, obligations and liabilities shall be vested in
        the person or, as the case may be, the persons in whom they were
        vested immediately before they were vested in the Director, but the
        revocation shall not affect any right, duty, obligation or liability
        so far as it relates to any period before the date of revocation.

(4) Subject to subsection (5), where an application under subsection (1) is
dismissed on the ground that to allow it would not be in the best interests of
the infant, the former parent who made the application shall not be entitled
to make any further application under subsection (1) in respect of the infant.
(Amended 28 of 2004 s. 11)

(5) Subsection (4) shall not apply where the Court which dismissed the
application gives leave to the former parent to make a further application
under subsection (1), but such leave shall not be given unless it appears to
the Court that because of a change in circumstances or for any other reason it
is proper to allow the application to be made. (Added 13 of 1987 s. 4) [cf.
1976 c. 36 s. 20 U.K.]