17 Jun 2020
RE CML
- Citation
- [2020] HKCFI 1232
- Court
- Court of First Instance
- Case number
- HCMH23/2018
The Court of First Instance does not have statutory power under Part II of the MHO to make personal access orders; the Guardianship Board's statutory powers under Part IVB are limited and do not encompass the full range of access orders sought. However, the CFI retains an inherent protective jurisdiction, derived from s12(2)(a) High Court Ordinance and common law, to make welfare‑based orders (including access orders) for MIPs where statutes are silent. Such orders must be made based on the MIP's best interests and welfare. Applying that jurisdiction, the court granted interim access to certa…