Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Corporal punishment

  • 21 Nov 2019

    LYSC v. MSN

    Citation
    [2019] HKFC 299
    Court
    Family Court
    Case number
    FCMC13330/2017

    The court accepted expert and social welfare evidence that both parents lacked significant psychological disorder, that the child had bonded relationships with both parents and expressed a wish to visit paternal relatives, and that the past corporal punishment incidents were historical, relatively minor, and had been the subject of counselling; balancing best interests and risk assessment the court found no significant ongoing risk and ordered regular overnight staying access including phased holiday and overseas access with specified timetable and review.

  • 28 Aug 2013

    FKYP v. KHYF

    Citation
    FKYP v. KHYF
    Court
    Family Court
    Case number
    FCMC7952/2012

    On balance the children’s best interests required joint custody with care and control to the mother and permission to return the children to Hong Kong: Hong Kong is the children’s home, the mother had been primary carer and can give more time in the crucial next 1–2 years, the children would not suffer significant adjustment harm, status quo in Shanghai was less weighty given family ties and contingencies in Shanghai care.

  • 4 Sept 2012

    A v. ABC

    Citation
    A v. ABC
    Court
    Family Court
    Case number
    FCMC8759/2010

    Sole custody and care and control were granted to the mother because, on the balance of probabilities, the father's past conduct (repeated excessive questioning, corporal punishment) and ongoing mental health issues posed a risk of harm and had produced significant distress and refusal of meaningful contact by the children; the children's expressed wishes, strong bond with the mother, and the consistent recommendations of the social welfare officer and clinical psychologist made continuation with the mother demonstrably in the children's best interests. Access was suspended short-term with su…

  • 26 May 2009

    LKK v. CKM

    Citation
    LKK v. CKM
    Court
    Family Court
    Case number
    FCMC12097/2006

    Welfare of the children required sole custody to father because the children (son aged 16, daughter aged 10) unequivocally wished to live with him; independent social investigation and clinical psychologist found closer relationships with father and that mother’s corporal punishment and a witnessed violent incident had produced deep-seated hostility; splitting custody would separate siblings and be detrimental; therefore sole custody to father with initially supervised access to mother and a 12‑month supervision order best serves the children’s welfare.

  • 7 Jun 2007

    F v. L

    Citation
    F v. L
    Court
    Family Court
    Case number
    FCMC11896/2005

    Applying the paramount welfare principle and giving weight to the status quo and social welfare recommendations, the court found the mother to be the more suitable primary carer, accepted evidence of the husband's disproportionate corporal punishment as creating risk, and therefore awarded sole custody and care and control to the mother while providing defined, supervised access to the father twice monthly for twelve months and refusing general leave to remove the children from Hong Kong.

  • 26 Apr 1979

    CHAN KIN-WAH AND OTHERS v. THE QUEEN

    Citation
    CHAN KIN-WAH AND OTHERS v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC773/1978

    Corporal punishment was inappropriate for the 3rd and 4th Appellants charged with robbery and therefore those orders were set aside; corporal punishment was justified for the 1st and 2nd Appellants because the knife was actually used to stab a pinioned victim, but the number of strokes imposed was excessive and must be reduced to six each; imprisonment terms were left intact.

  • 15 Jul 1977

    HUI HUNG CHEUNG v. THE QUEEN

    Citation
    HUI HUNG CHEUNG v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC616/1977

    The appeal was allowed in part and the two-year imprisonment sentence was reduced to 18 months because the magistrate's available sentencing options were constrained by s.33(2)(b) of the Public Order Ordinance, the appellant's youth and prior probation warranted mitigation, corporal punishment was inappropriate, and the disproportion with co-accused's detention sentences justified reduction; the court also recommended consideration of s.7 of the Training Centres Ordinance for transfer to a training centre.

  • 2 Nov 1970

    SO KWOK-MAN v. THE QUEEN

    Citation
    SO KWOK-MAN v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC573/1970

    Because the appellant made full and frank admissions and provided substantial assistance leading to recovery of property and identification of victims, the court held corporal punishment was inappropriate and set the corporal punishment order aside; however, given the appellant's number of previous convictions including recent aggravated robbery, the custodial sentences were upheld and the appeal against imprisonment was dismissed.