Hong Kong Regulations

ADOPTION RULES - RULE 14A

Mode of application

(Past version on 01/07/1997).
(Past version on 30/06/1997).

APPLICATION UNDER SECTION 5(5D) OF THE ORDINANCE (L.N. 230 of 2005)

(1) An application by a parent under section 5(5D) of the Ordinance for an
order revoking that parent's consent given in the prescribed general form of
consent shall be made to the Court of First Instance in accordance with
paragraph (2) and the proceedings shall thereupon be transferred to the Court
of First Instance. (L.N. 337 of 1982)

(2) The application under paragraph (1) shall be made-

   (aa) if an application for a Convention adoption order is pending, in
        accordance with rule 14 of the Convention Adoption Rules ( Cap 290
        sub. leg. D); (L.N. 230 of 2005)

   (a)  if an application for an adoption order is pending, by summons in
        those proceedings; or (L.N. 230 of 2005)

   (b)  if no application referred to in subparagraphs (aa) and (a) is
        pending, by originating summons. (L.N. 230 of 2005)

(3) The Registrar of the High Court, after giving such directions

(if any) as he thinks necessary, shall fix a date for the hearing of the
application. (L.N. 230 of 2005)

(4) When the date for the hearing has been fixed, the Registrar of the High
Court shall serve a copy of the summons or originating summons-

   (a)  in the case of an application made in pending adoption proceedings (or
        where adoption proceedings have subsequently been commenced) on the
        applicant in those proceedings, on the guardian ad litem and on every
        other person on whom notice has been or will in due course be served
        under rule 16;

   (b)  in any other case, on the guardian ad litem and on any other person or
        body who in the Registrar's opinion ought to be served with notice of
        the hearing of the application.

(5) If in any application under this rule a serial number has been assigned to
a person who proposes to apply for an adoption order-

   (a)  the documents to be served under paragraph (4) shall not disclose the
        identity of that person to any other person who is not already aware
        of that person's identity; and

   (b)  the proceedings on the application shall be conducted with a view to
        securing that that person is not seen by or made known to any other
        person concerned with the application who is not already aware of his
        identity, except with his consent.

(6) Where the application is determined, the Registrar of the High Court shall
serve notice of the effect of the determination and any order on the applicant
and on all the persons served under paragraph (4). (L.N. 228 of 1977; 25 of
1998 s. 2)