The 9th LAWASIA Family Law and Children’s Rights Conference (FLCRC) makes its highly anticipated return to Penang, Malaysia, from 12th to 14th June. This prestigious event, returning to the charming city in Northern Malaysia after 12 years, promises to be a comprehensive forum for family law practitioners, academics, judiciary members, and mental health professionals from across jurisdictions.
The program features cutting-edge topics including surrogacy and assisted reproductive technology, dispute resolution mechanisms, LGBTQ+ family rights, and children’s voices in legal proceedings. A highlight will be the traditional Judges’ Forum, complemented by a special half-day forum in collaboration with the International Academy of Family Lawyers (IAFL).
Hong Kong’s Approach to Child Abduction: Insights from Caroline McNally
In a compelling presentation, Caroline McNally provides an in-depth analysis of the tools and processes used in Hong Kong in child abduction cases.
Caroline explores how Hong Kong’s unique position – operating under the “one country, two systems” principle while bordering non-Convention jurisdictions like Mainland China – has led to the development of particularly robust mechanisms for handling child abduction cases.
The recent cases, including Secretary for Justice v C and S [2024] and Q v J and K [2025], demonstrate how the Hong Kong Court achieves child returns within 8-10 weeks. The Courts’ comprehensive arsenal of protective measures is examined in detail, from the immediate implementation of stop orders through the Immigration Department to the strategic use of information disclosure orders for locating children.
Caroline discusses the interim access arrangements that have become standard practice, along with the appointment of the Official Solicitor as guardian ad litem and other experts in complex cases. Of particular interest is the Court’s willingness to conduct direct judicial interviews with children when appropriate.
The presentation also addresses the Court’s approach to protective measures, including their handling of undertakings and mirror orders in returning children to their place of habitual residence. Caroline explains how Hong Kong’s proximity to non-Convention jurisdictions has influenced the development of particularly stringent safeguards against secondary removal.
This article is for information purposes only. Its contents do not constitute legal advice and readers should not regard this article as a substitute for detailed advice in individual instances.
