28: Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
Entry into force: 1-XII-1983
Members of the Organisation
| States | S1 | R/A/Su 2 | Type 3 | EIF 4 | Ext 5 | Auth 6 | Res/D/N 7 |
|---|---|---|---|---|---|---|---|
| Albania | 4-V-2007 | A* | 1-VIII-2007 | 1 | Res26 | ||
| Argentina | 28-I-1991 | 19-III-1991 | R | 1-VI-1991 | 1 | D | |
| Australia | 29-X-1986 | 29-X-1986 | R | 1-I-1987 | 1 | D | |
| Austria | 12-V-1987 | 14-VII-1988 | R | 1-X-1988 | 1 | ||
| Belarus | 12-I-1998 | A* | 1-IV-1998 | 1 | Res26 | ||
| Belgium | 11-I-1982 | 9-II-1999 | R | 1-V-1999 | 1 | ||
| Bosnia and Herzegovina | 23-VIII-1993 | Su | 6-III-1992 | 1 | |||
| Brazil | 19-X-1999 | A* | 1-I-2000 | 1 | Res24 | ||
| Bulgaria | 20-V-2003 | A* | 1-VIII-2003 | 1 | Res26,42 | ||
| Canada | 25-X-1980 | 2-VI-1983 | R | 1-XII-1983 | 13 | 1 | D,Res6,26,40,42 |
| Chile | 23-II-1994 | A* | 1-V-1994 | 1 | D3 | ||
| China, People's Republic of | C | 2 | D,N26 | ||||
| Croatia | 23-IV-1993 | Su | 1-XII-1991 | 1 | |||
| Cyprus | 4-XI-1994 | A* | 1-II-1995 | 1 | |||
| Czech Republic | 28-XII-1992 | 15-XII-1997 | R | 1-III-1998 | 1 | Res26 | |
| Denmark | 17-IV-1991 | 17-IV-1991 | R | 1-VII-1991 | 1 | Res24,26,39 | |
| Ecuador | 22-I-1992 | A* | 1-IV-1992 | 1 | |||
| Estonia | 18-IV-2001 | A* | 1-VII-2001 | 1 | Res24,26 | ||
| Finland | 25-V-1994 | 25-V-1994 | R | 1-VIII-1994 | 1 | Res24,26 | |
| France | 25-X-1980 | 16-IX-1982 | R | 1-XII-1983 | 1 | Res,D24,26,39 | |
| Georgia | 24-VII-1997 | A* | 1-X-1997 | 1 | |||
| Germany | 9-IX-1987 | 27-IX-1990 | R | 1-XII-1990 | 1 | D,Res24,26 | |
| Greece | 25-X-1980 | 19-III-1993 | R | 1-VI-1993 | 1 | Res24,26 | |
| Hungary | 7-IV-1986 | A* | 1-VII-1986 | 1 | |||
| Iceland | 14-VIII-1996 | A* | 1-XI-1996 | 1 | Res24,26 | ||
| Ireland | 23-V-1990 | 16-VII-1991 | R | 1-X-1991 | 1 | ||
| Israel | 4-IX-1991 | 4-IX-1991 | R | 1-XII-1991 | 1 | Res26 | |
| Italy | 2-III-1987 | 22-II-1995 | R | 1-V-1995 | 1 | ||
| Latvia | 15-XI-2001 | A* | 1-II-2002 | 1 | Res24 | ||
| Lithuania | 5-VI-2002 | A* | 1-IX-2002 | 1 | Res24,26 | ||
| Luxembourg | 18-XII-1984 | 8-X-1986 | R | 1-I-1987 | 1 | Res26 | |
| Malta | 26-X-1999 | A* | 1-I-2000 | 1 | |||
| Mexico | 20-VI-1991 | A* | 1-IX-1991 | 1 | |||
| Monaco | 12-XI-1992 | A* | 1-II-1993 | 1 | Res26 | ||
| Montenegro | 1-III-2007 | Su | 3-VI-2006 | 1 | |||
| Morocco | 9-III-2010 | A* | 1-VI-2010 | 1 | |||
| Netherlands | 11-IX-1987 | 12-VI-1990 | R | 1-IX-1990 | 1 | D,Res26 | |
| New Zealand | 31-V-1991 | A* | 1-VIII-1991 | 1 | Res24,26 | ||
| Norway | 9-I-1989 | 9-I-1989 | R | 1-IV-1989 | 1 | Res24,26 | |
| Panama | 2-II-1994 | A* | 1-V-1994 | 1 | Res26 | ||
| Paraguay | 13-V-1998 | A* | 1-VIII-1998 | 1 | |||
| Peru | 28-V-2001 | A* | 1-VIII-2001 | 1 | |||
| Poland | 10-VIII-1992 | A* | 1-XI-1992 | 1 | Res26 | ||
| Portugal | 22-VI-1982 | 29-IX-1983 | R | 1-XII-1983 | 1 | ||
| Romania | 20-XI-1992 | A* | 1-II-1993 | 1 | |||
| Serbia | 29-IV-2001 | Su | 27-IV-1992 | 1 | |||
| Slovakia | 28-XII-1992 | 7-XI-2000 | R | 1-II-2001 | 1 | Res26 | |
| Slovenia | 22-III-1994 | A* | 1-VI-1994 | 1 | |||
| South Africa | 8-VII-1997 | A* | 1-X-1997 | 1 | Res24,26 | ||
| Spain | 7-II-1986 | 16-VI-1987 | R | 1-IX-1987 | 1 | ||
| Sri Lanka | 28-IX-2001 | A* | 1-XII-2001 | 1 | Res24,26 | ||
| Sweden | 22-III-1989 | 22-III-1989 | R | 1-VI-1989 | 1 | Res26 | |
| Switzerland | 25-X-1980 | 11-X-1983 | R | 1-I-1984 | 1 | ||
| The former Yugoslav Republic of Macedonia | 20-IX-1993 | Su | 1-XII-1991 | 1 | |||
| Turkey | 21-I-1998 | 31-V-2000 | R | 1-VIII-2000 | 1 | Res26 | |
| Ukraine | 2-VI-2006 | A* | 1-IX-2006 | 1 | |||
| United Kingdom of Great Britain and Northern Ireland | 19-XI-1984 | 20-V-1986 | R | 1-VIII-1986 | 7 | 1 | N,Res26,39 |
| United States of America | 23-XII-1981 | 29-IV-1988 | R | 1-VII-1988 | 1 | Res24,26 | |
| Uruguay | 16-XI-1999 | A* | 1-II-2000 | 1 | |||
| Venezuela | 16-X-1996 | 16-X-1996 | R | 1-I-1997 | 1 | Res26 |
Type
Bosnia and Herzegovina Type [Su]
No objection has been received from the Contracting States.
China, People's Republic of Type [C]
This Convention applies to the Special Administrative Regions of Hong Kong and Macao only, as a result of extensions made by the United Kingdom of Great Britain and Northern Ireland and Portugal, respectively. When Hong Kong and Macao were restored to the People's Republic of China on 1 July 1997 and 20 December 1999, respectively, China declared that the Convention will continue to apply for Hong Kong and Macao.
Date of entry into force of the Convention for Hong Kong: 1 September 1997; date of entry into force for Macao: 1 March 1999.
Declarations / notifications:
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997 the Minister of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 13 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.
The Note from the Ambassador of the United Kingdom reads as follows:
"Your Excellency,
I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which applies to Hong Kong at present.
I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.
I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)
(signed Rosemary Spencer)".
The Note from the Ambassador of the People's Republic of China reads as follows:
(Translation)
"Your Excellency,
In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the "Joint Declaration"), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section XI of Annex I to the Joint Declaration, "Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong", and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.
In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:
The Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the "Convention"), by which the Government of the Kingdom of the Netherlands is designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. The Government of the People's Republic of China also makes the following declarations:
1. In accordance with the provisions of Article 42 of the Convention, the Hong Kong Special Administrative Region will not be bound to bear any costs referred to in paragraph 2 of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice;
2. In accordance with Article 6 of the Convention, it designates the Secretary of Justice of the Government of the Hong Kong Special Administrative Region as the Central Authority for the Hong Kong Special Administrative Region.
It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)
(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China)".
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that the Minister for Foreign Affairs of the Kingdom of the Netherlands received a letter dated 26 November 1999 from the Ambassador of Portugal at The Hague and a letter dated 10 December 1999 from the Ambassador of the People's Republic of China at The Hague. The letter from the Ambassador of Portugal reads as follows:
"Upon instructions from my Government and referring to the Convention on the Civil Aspects of International Child Abduction concluded at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which currently applies to Macao, I have the honour to inform Your Excellency of the following:
In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macao, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macao until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macao, with effect from 20 December 1999.
From 20 December 1999 the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macao. (…)"
The letter from the Ambassador of the People's Republic of China reads as follows:
(Translation )
"In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referrred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the Government of the People's Republic of China is not yet a party but which are implemented in Macao, may continue to be implemented in the Macao Special Administrative Region.
In accordance with the provisions mentioned above, I am instructed by the Minister of Foreign Affairs of the People's Republic of China, to inform Your Excellency of the following:
The Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980 (hereinafter referred to as the "Convention"), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999.
(...)
Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a party to the Convention. (…)
Croatia Type [Su]
No objection has been received from the Contracting States.
France Type [R]
The instrument of ratification of France clearly indicates that the Convention applies to the entire territory of the French Republic. Consequently, besides Metropolitan France and the Overseas Departments (French Guyana, Guadeloupe, Reunion, Martinique), the Convention applies to all of the other French overseas territories.
Montenegro Type [Su]
By letter received by the depositary on 26 April 2001, the Federal Republic of Yugoslavia (since 4 February 2003 called "Serbia and Montenegro") declared itself to be bound by the Convention. No objection has been received from the Contracting States.
The Ministry of Foreign Affairs of the Netherlands, depositary of the Hague Conventions, has notified the Member States of the Hague Conference on 5 July 2006 that "Following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006."By letter received by the depositary on 1 March 2007, the Republic of Montenegro declared itself to be bound by the Convention: "... the Government of the Republic of Montenegro succeeds to the Convention on the Civil Aspects of International Child Abduction, concluded at The Hague on 25 October 1980, and takes faithfully to perform and carry out the stipulations therein contained as from 3 June 2006, the date upon which the Republic of Montenegro assumed responsibility for its international relations." No objection was received from the other Contracting States.
Serbia Type [Su]
By letter received by the depositary on 26 April 2001, the Federal Republic of Yugoslavia (since 4 February 2003 called "Serbia and Montenegro") declared itself to be bound by the Convention. No objection has been received from the Contracting States.
The Ministry of Foreign Affairs of the Netherlands, depositary of the Hague Conventions, has notified the Member States of the Hague Conference on 5 July 2006 that "Following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006."
The former Yugoslav Republic of Macedonia Type [Su]
By letter dated 30 November 1993, the Ambassador of Greece to the Netherlands informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands that His Government does not recognize The former Yugoslav Republic of Macedonia and consequently does not consider itself to be bound by the Conventions to which the latter is a Party.
No objection has been received from the other Contracting States.
United Kingdom of Great Britain and Northern Ireland Type [R]
Res/D/N
Albania: Reservations
Articles [26]
Argentina: Declarations
By Note A.E. No 33/98 dated 31 May 1998, the Embassy of the Argentine Republic transmitted to the depositary a declaration concerning the extension of the application of the Convention by the United Kingdom of Great Britain and Northern Ireland to the Falkland Islands. The Note reads as follows:
"The Embassy of the Argentine Republic presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands - Treaties Division - and has the honour to address the Government of the Netherlands in its capacity of Depositary of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25th October 1980.
In that respect, the Argentine Republic rejects the extension of the application of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25th October 1980, to the Malvinas, South Georgia and South Sandwich Islands, notified by the United Kingdom of Great Britain and Northern Ireland to the Government of the Netherlands as Depositary of the Convention.
The General Assembly of the United Nations has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21 and 41/40 which recognize the existence of a dispute over sovereignty relating to archipelago, urging the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find as soon as possible a peaceful and definitive solution to the dispute through the good offices of the Secretary General of the United Nations, who is to report to the General Assembly on the progress made.
The Argentine Republic reaffirms its sovereign rights over the Malvinas, South Georgia and South Sandwich Islands and its surrounding maritime areas, which form an integral part of its national territory.
The Argentine Government requests the Government of the Netherlands to notify the preceding communication to the Members of the Hague Conference on private international law and signatories and Parties to the above-mentioned Convention.
The Embassy of the Argentine Republic kindly requests the Ministry of Foreign Affairs - Treaties Division - to circulate the preceding communication at the earliest possible convenience. (…)".
By Note No 129 dated 22 July 1998, Her Britannic Majesty's Embassy at The Hague informed the depositary of the following regarding the declaration of the extension of the application of the Convention to the Falkland Islands:
"With reference to the declaration made by the Republic of Argentina rejecting the extension of the Convention to the Falkland Islands, South Georgia and the South Sandwich Islands, the position of the United Kingdom is well known and remains unchanged. The United Kingdom has no doubt about its sovereignty over the Falkland Islands (which is the correct title for the territory recognised by the Administering Power), and over South Georgia and the South Sandwich Islands and its consequent right to extend treaties to them."
Declaration of 4 August 2009
"...with regard to Notification No. 3/2009, March 6 2009, by which the United Kingdom of Great Britain and Northern Ireland accepts on behalf of the Malvinas Islands, among other territories, the accession of Bulgaria, Costa Rica and El Salvador to the said Convention.
The Argentine Republic recalls that, by Note A.E. No. 33/98, May 30 1998, it rejected the extension of the Convention to Malvinas, South Georgias and South Sandwich Islands, which was notified by the United Kingdom on March 26, 1998. In the same manner, by Note A.E. No. 47/98, July 13 1998, it disowned the appointment of the illegitimate governor as central authority in the Malvinas Islands as well as any other act derived from the illegitimate extension of the said Convention by the United Kingdom.
Taking into account this precedents, the Argentine Government also rejects the acceptance of the accession and entry into force of the said Convention with regard to Bulgaria, Costa Rica and El Salvador made by the United Kingdom on behalf of the Malvinas Islands.
The Argentine Government recalls that the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas are an integral part of the Argentine Republic's national territory and that, being illegitimately occupied by the United Kingdom of Great Britain and Northern Ireland, they are subject to a sovereignty dispute between both countries, which is recognized by the United Nations and other international organizations.
In that respect, it recalls that the General Assembly of the United Nations adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, where it recognizes the existence of the sovereignty dispute to which the Question of the Malvinas Islands refers and it urges the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find a peaceful and lasting solution to the dispute as soon as possible. In turn, the UN Special Committee on Decolonization has repeatedly urged them to do the same since 1989, most recently through its resolution of 12 June 2008. Furthermore, on 3 June 2008, the General Assembly of the Organization of American States issued a similar decision on this Question.
The Argentine Government reaffirms its legitimate sovereign rights over the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas, which are an integral part of its national territory."
Australia: Declarations
Belarus: Reservations
Articles [26]
Brazil: Reservations
Articles [24]
(Translation)
(...) with a reservation as provided for in Article 24 of the said Convention (permitted under Article 42), to the effect that foreign documents appended to legal instruments must be accompanied by a translation into Portuguese done by a sworn translator. *
* The Ministry of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 21 June 2000 from the Embassy of Finland concerning the reservation made by Brazil. The Note reads as follows:
"(...)The Government of Finland is unable to accept the reservation in so far as it is incompatible with Article 24(2) and 42(1) of the Convention.
According to Article 24(1), any application, communication or other document sent to the Central Authority shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State, or where that is not feasible, a translation into French or English. Under Article 24(2) a Contracting State may, by making a reservation, object the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.
Having regard to the wording and purpose of this provision the Finnish Government considers that the reservation made by Brazil, which excludes the use of both French and English languages in cases where it is not feasible to obtain a translation of the document into Portuguese, is not allowed under Article 24(2) and 42(1). In conclusion, the Finnish Government declares that in relation to Finland this reservation may not be invoked by the authorities of Brazil in so far as this would be incompatible with the aforementioned provisions of the Convention.
This declaration is not to be interpreted as preventing the entry into force of the Convention between Finland and Brazil.(...)"
Bulgaria: Reservations
Articles [26,42]
Canada: Declarations Reservations
Articles [6,26,40,42]
Chile: Declarations
Articles [3]
"Chile entiende el artículo 3 de la Convención sobre los Aspectos Civiles del Secuestro Internacional de Niños en el sentido que no se opone a la legislación nacional que estipula que el derecho de tuición y custodia se ejerce hasta los 18 años de edad."
(Translation)
Chile understands Article 3 of the Convention on the Civil Aspects of International Child Abduction in the sense that it is not inconsistent with the national legislation which provides that the right to guardianship and custody is exercised until the age of 18.
China, People's Republic of: Declarations Notifications
Articles [26]
This Convention applies to the Special Administrative Regions of Hong Kong and Macao only, as a result of extensions made by the United Kingdom of Great Britain and Northern Ireland and Portugal, respectively. When Hong Kong and Macao were restored to the People's Republic of China on 1 July 1997 and 20 December 1999, respectively, China declared that the Convention will continue to apply for Hong Kong and Macao.
Date of entry into force of the Convention for Hong Kong: 1 September 1997; date of entry into force for Macao: 1 March 1999.
Declarations / notifications:
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997 the Minister of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 13 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.
The Note from the Ambassador of the United Kingdom reads as follows:
"Your Excellency,
I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which applies to Hong Kong at present.
I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.
I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)
(signed Rosemary Spencer)".
The Note from the Ambassador of the People's Republic of China reads as follows:
(Translation)
"Your Excellency,
In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the "Joint Declaration"), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section XI of Annex I to the Joint Declaration, "Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong", and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.
In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:
The Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the "Convention"), by which the Government of the Kingdom of the Netherlands is designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. The Government of the People's Republic of China also makes the following declarations:
1. In accordance with the provisions of Article 42 of the Convention, the Hong Kong Special Administrative Region will not be bound to bear any costs referred to in paragraph 2 of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice;
2. In accordance with Article 6 of the Convention, it designates the Secretary of Justice of the Government of the Hong Kong Special Administrative Region as the Central Authority for the Hong Kong Special Administrative Region.
It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)
(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China)".
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that the Minister for Foreign Affairs of the Kingdom of the Netherlands received a letter dated 26 November 1999 from the Ambassador of Portugal at The Hague and a letter dated 10 December 1999 from the Ambassador of the People's Republic of China at The Hague. The letter from the Ambassador of Portugal reads as follows:
"Upon instructions from my Government and referring to the Convention on the Civil Aspects of International Child Abduction concluded at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which currently applies to Macao, I have the honour to inform Your Excellency of the following:
In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macao, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macao until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macao, with effect from 20 December 1999.
From 20 December 1999 the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macao. (…)"
The letter from the Ambassador of the People's Republic of China reads as follows:
(Translation )
"In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referrred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the Government of the People's Republic of China is not yet a party but which are implemented in Macao, may continue to be implemented in the Macao Special Administrative Region.
In accordance with the provisions mentioned above, I am instructed by the Minister of Foreign Affairs of the People's Republic of China, to inform Your Excellency of the following:
The Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980 (hereinafter referred to as the "Convention"), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999.
(...)
Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a party to the Convention. (…)
Czech Republic: Reservations
Articles [26]
Having examined this Convention and knowing that the Parliament of the Czech Republic has given its consent thereto, we hereby ratify and confirm it with the reservation according to Article 42 of the Convention, that the Czech Republic shall not be bound to assume any costs referred to in Article 26, paragraph 2, of the Convention, resulting from the participation of legal counsel or advisers or from our court proceedings, except insofar as those costs may be covered by its legal system of legal aid and advice.
Denmark: Reservations
Articles [24,26,39]
(Translation)
(1) pursuant to the provisions of Article 39, paragraph 1, the Convention shall not be applicable to the territories of the Faroe Islands and Greenland;
(2) pursuant to the provisions of Article 42, paragraph 1,
a) the Kingdom of Denmark objects to the use of French in any application, communication or other document sent to its Central Authority (cf. Article 24, paragraph 2); and
b) it shall not be bound to assume any costs resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice (cf. Article 26, paragraph 3).
Estonia: Reservations
Articles [24,26]
(...)
2) pursuant to Article 42 and Article 24, paragraph 2, of the Convention the Republic of Estonia only accepts English language with regard to applications, communications or other documents;
3) pursuant to Article 42 and Article 26, paragraph 3, of the Convention the Republic of Estonia will not accept obligations with regard to expenses referred to in Article 26, paragraph 2, which result from the participation of a legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice."
Finland: Reservations
Articles [24,26]
1. Finland declares, according to Article 42 and Article 24, paragraph 2, of the Convention, that it accepts only the use of English in applications, communications and other documents sent to its Central Authority.
2. Finland declares, according to Article 42 and Article 26, paragraph 3, of the Convention, that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
France: Reservations Declarations
Articles [24,26,39]
1) (...)
2) In accordance with the provisions of Article 42 and pursuant to Article 24, paragraph 2, the Government will consider only those applications which are drawn up in French, or are accompanied by a translation into French, and will require a translation into French of any communication or document sent to its Central Authority.
3) In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph 3, the Government declares that it will assume the costs referred to in paragraph 2 of Article 26 only insofar as those costs are covered by the French system of legal aid.
4) In accordance with the provisions of Article 39, the Government declares that the Convention shall extend to the whole of the territory of the French Republic.
Germany: Declarations Reservations
Articles [24,26]
"[Die Bundesrepublik Deutschland] erklärt in Übereinstimmung mit Artikel 26 Abs. 3, daß sie nur insoweit gebunden ist, die sich aus der Beiordnung eines Rechtsanwalts oder aus einem Gerichtsverfahren ergebenden Kosten im Sinn des Artikels 26 Abs. 2 zu übernehmen, als diese Kosten durch ihre Vorschriften über die Prozeßkosten und Beratungshilfe gedeckt sind."
"Die Bundesrepublik Deutschland geht davon aus, daß Ersuchen aus anderen Vertragsstaaten gemäß Artikel 24 Abs. 1 regelmäßig von einer deutschen Übersetzung begleitet sein werden."
(Courtesy translation)
[The Federal Republic of Germany] declares in accordance with the third paragraph of Article 26 that it is not bound to assume any costs referred to in the second paragraph of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its regulations concerning legal aid and advice.
The Federal Republic of Germany assumes that, in accordance with the first paragraph of Article 24, applications from other Contracting States shall regularly be accompanied by a translation into German.
Greece: Reservations
Articles [24,26]
1. In accordance with Article 42 of the Convention on the Civil Aspects of International Child Abduction, Greece declares that it shall not be bound to assume any costs referred to in the second paragraph of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs concern cases of free legal aid.
2. In accordance with Article 42 of the above-mentioned Convention Greece declares that it objects to the use of the French language in any application, communication or other document sent to its Central Authority.
Iceland: Reservations
Articles [24,26]
2. In accordance with Article 42, paragraph 1, and Article 26, paragraph 3, of the Convention, Iceland makes a reservation that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
The other provisions of the Convention shall be inviolably observed.
Israel: Reservations
Articles [26]
Latvia: Reservations
Articles [24]
Lithuania: Reservations
Articles [24,26]
2. Pursuant to Article 42 and paragraph 3 of Article 26 of the Convention, the Republic of Lithuania shall not be bound to assume any costs referred to in paragraph 2 of Article 26 of the Convention resulting from court proceedings or from the participation of legal counsel or advisers, except insofar as those costs may be covered by the system of legal aid and advice of the Republic of Lithuania.
Luxembourg: Reservations
Articles [26]
The Grand-Duchy of Luxembourg declares that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, of the Convention, namely the costs resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs are covered by the Luxembourg system of legal aid and advice.
Monaco: Reservations
Articles [26]
In conformity with Article 26, paragraph 3, of the Convention, the Principality of Monaco declares that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Netherlands: Declarations Reservations
Articles [26]
The Convention applies to the Kingdom in Europe.
The Kingdom of the Netherlands shall not be bound to assume any costs referred to in the second paragraph of Article 26 of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
New Zealand: Reservations
Articles [24,26]
Norway: Reservations
Articles [24,26]
2. In accordance with Articles 26 and 42, Norway makes the reservation that it shall not be bound to assume any costs resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by Act of 13 June 1980 relating to free legal aid.
Panama: Reservations
Articles [26]
"1. La República de Panamá se opone a la utilización del idioma francés, en toda demanda, comunicación u otros documentos contemplados en el párrafo primero del Artículo 24, que se envíen a su Autoridad Central.*
2. Asimismo, la República de Panamá declare que no está obligada a sumir ningún gasto de los mencionados en el párrafo primero del Artículo 26 del Convenio, que se deriven de la participación de un abogado o asesores jurídicos o del proceso judicial, excepto en la medida que dichos gastos puedan quedar cubiertos por un sistema de asistencia judicial y asesoramiento jurídico."
(Translation)
1 The Republic of Panama objects to the use of the French language in any application, communication or other document mentioned in Article 24, first paragraph, sent to its Central Authority.*
2 Likewise the Republic of Panama declares that it shall not be bound to assume any costs referred to in the first paragraph of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
* On 3 May 1994, Panama notified the withdrawal of the reservation. The reservation ceased to have effect on 1 August 1994.
Poland: Reservations
Articles [26]
In accordance with Article 42, the Republic of Poland makes the reservation pursuant to Article 26, paraghraph 3, of the Convention and declares that it shall not be bound to assume any costs referred to in the preceding paragraph, resulting from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Slovakia: Reservations
Articles [26]
South Africa: Reservations
Articles [24,26]
(b) That the Republic of South Africa shall not be bound to assume any costs referred to in paragraph 2 of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except those costs which may be covered by the system of legal aid in terms of the Legal Aid Act, 1969 (Act No 22 of 1969).
Sri Lanka: Reservations
Articles [24,26]
Article 24
For purposes of Arrticle 24, the documents should be in the English language.
Article 26(3)
For purposes of Article 26(3) Sri Lanka should not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of Lergal Counsel or advisers or from Court proceedings except in so far as those costs may be covered by the legal aid and advice system of Sri Lanka.
Sweden: Reservations
Articles [26]
Turkey: Reservations
Articles [26]
"(...) that in accordance with paragraph 3 of Article 26, the Republic of Turkey shall not be bound to assume any costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers and those of returning the child."*
* The Ministry of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 18 October 2000 from the Embassy of Finland concerning the reservation made by Turkey. The Note reads as follows:
"The Government of Finland is unable to accept the reservation in so far as it is incompatible with Article 26(3) and 42(1) of the Convention.
According to the Article 26(3), a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Having regard to the wording and the purpose of this provision the Finnish Government considers that the reservation made by Turkey, which excludes also the costs covered by Turkey's system of legal aid and advice, is not allowed under Article 26(3) and 42(1). In conclusion, the Finnish Government declares that in relation to Finland this reservation may not be invoked by Turkey in so far as this would be incompatible with the aforementioned provisions of the Convention..."
United Kingdom of Great Britain and Northern Ireland: Notifications Reservations
Articles [26,39]
(...), in accordance with the provisions of Article 42 of the Convention, the United Kingdom declares that it shall not be bound to assume any costs referred to in the second paragraph of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
In accordance with Article 39 of the Convention, the United Kingdom will notify the depositary in due course of the territories for the international relations of which it is responsible, to which the Convention is to be extended.
United States of America: Reservations
Articles [24,26]
(2) Pursuant to the third paragraph of Article 26, the United States declares that it will not be bound to assume any costs or expenses resulting from the participation of legal counsel or advisers or from court and legal proceedings in connection with efforts to return children from the United States pursuant to the Convention except insofar as those costs or expenses are covered by a legal aid program.
Venezuela: Reservations
Articles [26]
"Todas las comunicaciones para la Autoridad Central deben estar redactadas en idioma español.
La República de Venezuela no está obligada a asumir ninguno de los gastos mencionados en el párrafo tercero del Artículo 26."*
(Translation)
All communications to the Central Authority should be drawn up in the Spanish language.*
The Republic of Venezuela is not bound to assume any costs referred to in Article 26, paragraph 3.**
* On 26 February 1997 the Ministry of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 24 February 1997 from the Embassy of Finland concerning the reservations made by the Republic of Venezuela. The Note reads as follows:
"(...) The Government of Finland are unable to accept these reservations in so far as they are incompatible with Article 24, paragraph 2, Article 26, paragraph 3, and Article 42, paragraph 1, of the Convention.
According to Article 24, paragraph 1, any application, communication or other document sent to the Central Authority shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English.
Under Article 24, paragraph 2, a Contracting State may, by making a reservation, object the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority. Having regard to the wording and the purpose of this provision the Finnish Government consider that the reservation made by the Republic of Venezuela, which excludes the use of both French and English languages in cases where it is not feasible to obtain a translation of the document into Spanish, is not allowed under Article 24, paragraph 2, and Article 42, paragraph 1.
In addition, the reservation seems to require that all communications, even the original documents transmitted to the Venezuelan Central Authority, shall be in the Spanish language, whereas under Article 24, paragraph 1, the documents shall be in the original language and, in addition, accompanied by a translation into the official language or official languages of the State addressed (or, where that, i.e. translation, is not feasible, into French or English). Such a requirement, implicit in the reservation, is not only incompatible with Article 24 but also in most cases impossible to comply with in cases where the original documents which under paragraph 1 shall be sent to the State addressed, have not been drawn up in Spanish.
According to Article 26, paragraph 3, a Contracting State may make a reservation not to be bound to assume any costs referred to in paragraph 2 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice. However, the reservation by the Republic of Venezuela seems to indicate that in the application of the Convention Venezuela would not assume any costs referred to above, under any circumstances and not even in cases where those costs might be covered by the Venezuelan system of legal aid and advice, if available.
The Finnish Government consider that such a reservation is incompatible with Article 26, paragraph 3, and Article 42, paragraph 1, of the Convention.
In conclusion, the Finnish Government declare that in relation to Finland these reservations may not be invoked by the authorities of the Republic of Venezuela in so far as this would be incompatible with the aforementioned provisions of the Convention.
This declaration is not to be interpreted as preventing the entry into force of the Convention between Finland and the Republic of Venezuela."
** On 15 April 1997 the Government of Germany has deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands the following declaration concerning this reservation:
(Translation)
The reservation made by Venezuela is taken by the Federal Government to mean that persons eligible for legal aid who enter an application pursuant to the above-mentioned Convention may invoke the provisions laid down in the Venezuelan code of civil procedure as generally applicable to such persons, namely that free access to the courts and to legal counsel is also guaranteed in respect of proceedings pursuant to the Convention.
Non-Member States of the Organisation
| States | S1 | R/A/Su 2 | Type 3 | EIF 4 | Ext 5 | Auth 6 | Res/D/N 7 |
|---|---|---|---|---|---|---|---|
| Armenia | 1-III-2007 | A* | 1-VI-2007 | 1 | Res24,26 | ||
| Bahamas | 1-X-1993 | A* | 1-I-1994 | 1 | |||
| Belize | 22-VI-1989 | A* | 1-IX-1989 | 1 | Res24,26 | ||
| Burkina Faso | 25-V-1992 | A* | 1-VIII-1992 | 1 | |||
| Colombia | 13-XII-1995 | A* | 1-III-1996 | 1 | |||
| Costa Rica | 9-XI-1998 | A* | 1-II-1999 | 1 | |||
| Dominican Republic | 11-VIII-2004 | A* | 1-XI-2004 | 1 | |||
| El Salvador | 5-II-2001 | A* | 1-V-2001 | 1 | D,Res3,26 | ||
| Fiji | 16-III-1999 | A* | 1-VI-1999 | 1 | |||
| Guatemala | 6-II-2002 | A* | 1-V-2002 | 1 | Res24,26 | ||
| Honduras | 20-XII-1993 | A* | 1-III-1994 | 1 | Res26 | ||
| Mauritius | 23-III-1993 | A* | 1-VI-1993 | 1 | Res26 | ||
| Moldova, Republic of | 10-IV-1998 | A* | 1-VII-1998 | 1 | Res26 | ||
| Nicaragua | 14-XII-2000 | A* | 1-III-2001 | 1 | |||
| Saint Kitts and Nevis | 31-V-1994 | A* | 1-VIII-1994 | 1 | Res26 | ||
| San Marino | 14-XII-2006 | A* | 1-III-2007 | 1 | D26 | ||
| Seychelles | 27-V-2008 | A* | 1-VIII-2008 | 1 | |||
| Thailand | 14-VIII-2002 | A* | 1-XI-2002 | 1 | Res24 | ||
| Trinidad and Tobago | 7-VI-2000 | A* | 1-IX-2000 | 1 | |||
| Turkmenistan | 29-XII-1997 | A* | 1-III-1998 | 1 | |||
| Uzbekistan | 31-V-1999 | A* | 1-VIII-1999 | 1 | Res26 | ||
| Zimbabwe | 4-IV-1995 | A* | 1-VII-1995 | 1 | Res26 |
Type
Res/D/N
Armenia: Reservations
Articles [24,26]
2. With regard to Article 26, the Republic of Armenia shall not be bound to assume any costs referred to in Article 26, second paragraph, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Belize: Reservations
Articles [24,26]
2) Belize will not be bound to assume any costs relating to applications under the Convention resulting from the participation of legal counsel or advisers, or from court proceedings, except insofar as these costs may be covered by its system of legal aid and advice.
El Salvador: Declarations Reservations
Articles [3,26]
1. The Government of the Republic of El Salvador shall not be bound to assume the costs referred to in Article 26, paragraph 3, except insofar as those costs may be covered by its system of legal aid and advice;
2. The Government of the Republic of El Salvador interprets Article 3 with the domestic legislation of the Republic whereby the age of majority is eighteen years;
3. (...)
4. The Government of the Republic of El Salvador declares that all documentation sent to El Salvador in application of the said Convention must be accompanied by an official translation into Spanish.
Guatemala: Reservations
Articles [24,26]
2. The Republic of Guatemala is not obligated to assume any kind of expenses mentioned in the second paragraph of Article 26 of the Convention, derived from the participation of a lawyer, legal advisors or the judiciary procedure, except insofar as those costs may be covered by its system of legal aid and advice.
Honduras: Reservations
Articles [26]
Mauritius: Reservations
Articles [26]
Moldova, Republic of: Reservations
Articles [26]
In accordance with the provisions of Article 42 of the Convention, pursuant to Article 26, paragraph 3, the Republic of Moldova declares that the Republic of Moldova will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the national system of legal and judicial aid.
Saint Kitts and Nevis: Reservations
Articles [26]
San Marino: Declarations
Articles [26]
Thailand: Reservations
Articles [24]
Uzbekistan: Reservations
Articles [26]
Zimbabwe: Reservations
Articles [26]
