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In my earlier article, ‘Hong Kong - What is the Hague Convention?,' I briefly spoke of complications involving children that we may expect as a result of Hong Kong/Mainland China cross-border marriage breakdowns.
With the increase of Hong Kong-Mainland China cross-border marriages, both Hong Kong and Mainland family law practitioners have rising concerns for the legal welfare of children born in these marriages in case of family disputes.
The present position still stands where China is yet a party to the Hague Convention on Civil Aspects of International Child Abduction (‘the 1980 Convention'), which is enforceable only between Hong Kong and other contracting common law jurisdictions. With the status of Hong Kong being one of Mainland's Special Administrative Regions, the 1980 Convention is in any event silent on cross-border family disputes on a regional scale (ie between different administrative areas within the same nation).
The Red Book is the acknowledged authority on practice and procedure