HONG KONG SAR, CHINA Law and Practice Contributed by: Frederick Hui, Terence Luk, Serene Lam and Kenneth Yau, Zhong Lun Law Firm
Costs and Average Timescales Again, predicting the exact timeframe and costs for any given case is difficult as these factors vary sig - nificantly depending on the Contracting State’s legal system. Proceedings can easily stall or draw out if the taking parent opposes the application or if the child cannot be located. 3.4 Non-Hague Convention Countries This is not applicable as Hong Kong is a signatory to the Hague Convention.
found already resident in Hong Kong and thus out - side the Convention’s reach altogether. Overall, Hong Kong’s doctrine remains strict on paper, but delay, evolving habitual-residence jurisprudence, and fact- specific findings on risk or consent have repeatedly defeated return in practice. Number of Applications According to INCADAT – the International Child Abduction Database maintained by the Permanent Bureau of the Hague Conference on Private Interna - tional Law – there have been at least 11 international child abduction cases in Hong Kong since 1998, yield - ing the mixed results noted above. Non-Convention Country Application If the child is being removed to a non-Convention country, the Convention, and the CACO, do not apply under such circumstances. The Department of Jus - tice advises, in light of such circumstances, that the wronged parent should seek legal advice immediately from the local lawyer(s) of the state that the child has been removed to.
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