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中文USEUROPEAFRICAASIA

Court rules for govt in case of taken baby

By ZHENG JINRAN ( chinadaily.com.cn ) Updated: 2013-12-27 22:06:46

A court turned down a senior couple’s request on Friday to order the release of information about their missing daughter, who they say was taken away by representatives of the local government 11 days after birth.

They had sued the Anxin county government in Hebei province to release the information but were denied.

Friday’s rejection by the Gaobeidian People’s Court of Hebei province was the latest episode in their long quest to find the girl.

The court issued an administrative judgment, saying that the county government cannot release information on the missing girl, including her whereabouts, because such information cannot be obtained as part of the county’s ordinary performance of its duties. Nor did the county government keep records on the matter, the court said.

The judgment also said it is not improper for the county government to respond that it has no information on the missing child.

The couple’s request for compensation of 1.59 million ($260,000) was rejected on Tuesday.

The judgment said that investigations by the court and procuratorate could not confirm that the 11-day-old girl was taken by the Juantou township government; therefore, the request for compensation from that government could not be approved.

The mother, who lives in Juantou township of Anxin county with her husband, Liu Laogen, gave birth to the girl in May 1995. Because the girl was the couple’s third child (they were limited to two), they found themselves in violation of the family planning law.

The couple said officials from the township government came to the family’s home and seized the child, leaving 400 yuan ($70) after the parents refused to give the girl up.

The couple sued the township government in 2003, but the local court rejected the case, saying the litigation was filed beyond the required time limit.

On Dec 15, 2012, the Anxin county government was ordered by its higher-level government to release all necessary information about the girl within 15 days. But the county did not comply.

In October this year, the couple filed a lawsuit against the county government instead of the township. The Gaobeidian court accepted the case and heard it on Dec 3.

The couple asked the county to release relevant information on the missing girl. The county said it could not provide the information.

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