Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Inherent protective jurisdiction

Legal area

Court

26 Feb 2021

RE TBS

Citation

[2021] HKCFI 394
Court

Court of First Instance
Case number

HCMH51/2019

Although the 2nd Summons was somewhat misconceived and premature and closely resembled the dismissed 1st Summons, the Applicants acted bona fide and in Mother's best interests to secure proper medical evidence; the proceedings produced necessary expert medical material; on balance it was fair and just to order the Applicants' costs and disbursements of the 2nd Summons to be paid out of Mother's estate on a common fund basis and to be summarily assessed by the Court.
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…