M (A minor) by his next friend ASP v. WP AND OTHERS

M (A minor) by his next friend ASP v. WP AND OTHERS

Leave was granted because the court found M remained resident in Hong Kong despite attending boarding school, the suitability and social welfare reports supported adoption by D1, there was insufficient evidence that the 2005/2006 care arrangements constituted a s.23A breach that would bar the grant, and even if procedural irregularity existed it was not fatal as the child's best interests favored allowing D1 to proceed to adopt.

Citation
[2021] HKCFI 2699
Parties
Plaintiff (minor): M (by his next friend ASP); 1st Defendant: WP; 2nd Defendant: LYL; 3rd Defendant: CYL; 4th Defendant: Director of Social Welfare
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 September 2021
Case Number
HCMP439/2021
Procedural Posture
Originating Summons Under the Adoption Ordinance / Wardship Application / Decision on Application for Leave Under S.23 A; Reasons for Decision
Outcome
Granted leave to 1st Defendant to make arrangements for the local adoption of M; court made orders as sought.
Legal Topics
Section 23 a Adoption Ordinance, Residence/habitual Residence, Best Interests of the Child, Suitability Assessment, Private Adoption Procedure, Breach of Adoption Procedure
Source Language
EN
Adoption Law Family Law Wardship Child Welfare Statutory Interpretation Section 23 a Adoption Ordinance Residence/habitual Residence Best Interests of the Child +3 more

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Parties

M (by his next friend ASP)

Plaintiff (minor)

WP

1st Defendant

LYL

2nd Defendant

CYL

3rd Defendant

Director of Social Welfare

4th Defendant

Procedural Posture

Originating Summons Under the Adoption Ordinance / Wardship Application / Decision on Application for Leave Under S.23 A; Reasons for Decision

Legal Issues

  1. 1 Whether the care arrangement constituted an unlawful private arrangement in breach of s.23A(1) AO
  2. 2 Whether the child's residence in Hong Kong was broken by attendance at boarding school in the UK
  3. 3 Whether it is in the best interests of the child to grant leave for adoption by the 1st defendant

Ratio Decidendi

Leave was granted because the court found M remained resident in Hong Kong despite attending boarding school, the suitability and social welfare reports supported adoption by D1, there was insufficient evidence that the 2005/2006 care arrangements constituted a s.23A breach that would bar the grant, and even if procedural irregularity existed it was not fatal as the child's best interests favored allowing D1 to proceed to adopt.

Court Disposition

Granted leave to 1st Defendant to make arrangements for the local adoption of M; court made orders as sought.

Orders

  • Minor to be made a ward of the Court during his minority or until further order
  • Leave granted to the 1st Defendant to make arrangements for the local adoption of M under s.23A Adoption Ordinance