Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Hague convention 1980

  • 9 May 2025

    J v. Q AND ANOTHER

    Citation
    [2025] HKCFI 1730
    Court
    Court of First Instance
    Case number
    HCMP2563/2024

    The mother’s conduct — abducting the child in breach of interim Shanghai arrangements, failing to comply with a specific court direction about a passport application, persisting in a factual case contradicted by contemporaneous documents, and giving materially inconsistent accounts to different courts — amounted to reprehensible and unreasonable conduct justifying departure from the general practice; accordingly the court ordered the mother to pay the father's costs of the wardship and Hague proceedings, to be taxed party and party if not agreed.

  • 29 Aug 2022

    T v. A

    Citation
    [2022] HKCFI 2631
    Court
    Court of First Instance
    Case number
    HCMP1948/2019

    The Court held that the Return Order unambiguously imposed a mandatory obligation on the defendant to return the minor to Hong Kong within the stipulated deadline; sequestration is in principle an appropriate means to secure the child’s return; consequently the first stage of the three-stage contempt test (construction) is satisfied and the application for leave to issue a writ of sequestration is adjourned for determination of compliance and state of mind at a substantive hearing.

  • 9 Aug 2018

    RS v. BK also known as MBK

    Citation
    [2018] HKCFI 1814
    Court
    Court of First Instance
    Case number
    HCMP796/2018

    The court found on the balance of probabilities that the father retained rights of custody immediately before removal and the mother's removal of the child to Hong Kong was wrongful under Article 3. The mother failed to prove consent by the father or that the Article 13(1)(b) grave risk exception applied. Although the child objected to return and had sufficient maturity (Article 13(2) gateway established), the court exercised its discretion to order return because the child's best interests and available protective measures favored return; accordingly the child was ordered returned to Singapo…

  • 11 Jul 2002

    SC v. LW

    Citation
    SC v. LW
    Court
    Court of First Instance
    Case number
    HCMP1824/2002

    Judge found the father had acquiesced to the initial wrongful removal by virtue of his inactivity and conduct between April and November 2001 (seven months), thereby abandoning his Convention remedy; the mother's December 2001 visit did not restore the father's rights and the application for return was dismissed as inappropriate in the child's interests.