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Hong Kong Case Law

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Family law [2025] HKCFI 4249

DIRECTOR OF SOCIAL WELFARE v. FC AND ANOTHER

The Court of First Instance rebutted the presumption of paternity, dispensed with the mother’s consent, and freed an infant for adoption.

  • Dispensation of consent
  • Rebuttal of presumption of paternity
  • Best interests of the child
  • Sibling placement and joint adoption
  • Adoption
  • Child-welfare
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Family law [2024] HKCFI 3356

B v. B AND ANOTHER

The Court of First Instance granted a sole applicant’s adoption petition, holding that homosexual orientation and a same-sex marriage did not bar adoption where the child’s best interests were satisfied.

  • Best interests of the child
  • Same-sex adoption
  • Interpretation of 'spouse' under adoption ordinance
  • Transfer of proceedings
  • Guardian ad litem
  • Adoption
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Family law [2022] HKCFI 2150

T AND ANOTHER v. N AND OTHERS

The Court of First Instance granted a parental order, extended time to apply, and authorized surrogacy payments after finding the orders were in the child’s best interests.

  • Parental order
  • Best interests of the child
  • Extension of time to apply
  • Authorization of surrogacy payments
  • Registration of parentage
  • Parental-order
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Family law [2021] HKCFI 3534

Mrs B AND ANOTHER v. THE OFFICIAL SOLICITOR AS GUARDIAN AD LITEM FOR C

The court granted a private local adoption order for C and ordered her dewarded, finding statutory requirements met and adoption in her best interests.

  • Adoption order
  • Wardship
  • Guardian ad litem duties
  • Best interests of the child
  • Procedural compliance for private local adoption
  • Transfer and consolidation of proceedings
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Family law [2021] HKCFI 1593

DIRECTOR OF SOCIAL WELFARE v. LNT AND ANOTHER

The court granted the Director of Social Welfare’s application to dispense with the mother’s consent and declared the child free for adoption, after considering medical evidence and the Official Solicitor’s report.

  • Dispensing parental consent for adoption
  • Best interests of the child
  • Appointment and role of guardian ad litem
  • Mental incapacity under mental health ordinance
  • Adoption
  • Parental-consent
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Family law [2021] HKCFI 402

Mrs B AND ANOTHER v. FRC AND ANOTHER

The Court granted leave for Mr and Mrs B to arrange C’s adoption, finding it in her best interests, and approved their undertaking to pay the defendants’ hearing costs.

  • Section 23a adoption ordinance
  • Welfare/best interests test
  • Child's consent and views
  • Inherent jurisdiction/wardship
  • Court approval of costs undertaking
  • Adoption
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Adoption [2018] HKCFI 1695

LI JINPEI also spelt as LAI KAM PUI also known as AU KAM PUI v. AU KAM SUN

The court held that the plaintiff was validly adopted in Mainland China, revoked the grant of letters of administration de bonis non, and ordered further estate relief.

  • Validity of foreign adoption
  • Letters of administration revocation
  • Appointment of administrator
  • Interim payment pending account
  • Limitation defence
  • Effect of adoption on intestacy
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Family law S v. J

S v. J

The court held that a parental order under section 12 of the Parent and Child Ordinance required a joint spousal application, made the children wards of court, and extended the husband’s access.

  • Parental order under pco
  • Wardship
  • Parental status and recognition
  • Permanent residency and nationality
  • Dna paternity testing
  • Costs
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Probate LILY CHEUNG v. CHEUNG WAI KWOK AND ANOTHER

LILY CHEUNG v. CHEUNG WAI KWOK AND ANOTHER

The Court of Appeal dismissed applications for security for costs and for a stay of a costs order in a probate appeal, finding the security request was very late and the stay test was not met.

  • Validity of marriage (bigamy)
  • Validity of adoption (prc and informal/hk)
  • Security for costs
  • Stay of costs order
  • Guardianship
  • Interlocutory merits assessment
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Probate LILY CHEUNG v. CHEUNG WAI KWOK AND ANOTHER

LILY CHEUNG v. CHEUNG WAI KWOK AND ANOTHER

The court ordered no costs between Lily Cheung and Cheung Wai Kwok, but Lily must pay Luk Tung Mei’s costs, including the counterclaim, with 2 counsel certified.

  • Administration of estate
  • Adoption status
  • Spousal status
  • Mental capacity
  • Guardianship ad litem
  • Indemnity costs
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.