Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Guardianship board proceedings

Legal area

Court

2 Dec 2020

SZETO KWOK HUNG ROQUE v. SZETO KWOK KWONG BERNARD AND OTHERS

Citation

[2020] HKCFI 3048
Court

Court of First Instance
Case number

HCMP2596/2017

The application to vary the injunction was dismissed because the Guardianship Board's imminent decision made the application academic, the plaintiff failed to file adequate supporting evidence for the wide variation sought, and practical difficulties (no secured HKSH bed) made it inappropriate to preempt the Board or override the views of the siblings and the future guardian.
2 Dec 2019

RE TBS

Citation

[2019] HKCFI 2919
Court

Court of First Instance
Case number

HCMH51/2019

The Court has jurisdiction to make interim residential, care and access arrangements for a mentally incapacitated person pending appointment of a guardian by invoking its inherent protective jurisdiction to cover matters not squarely within s10A; s10A applies to property and affairs and may cover residential and financial provision but does not by itself encompass all care/access arrangements; the 2nd Interim Arrangements ordered were in Mother’s best interests and do not fetter the Guardianship Board.