Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Official solicitor costs

  • 15 Jul 2019

    FH AND ANOTHER v. WB AND OTHERS

    Citation
    [2019] HKCFI 1748
    Court
    Court of First Instance
    Case number
    HCMP1313/2018

    The court held that the welfare of the child is paramount in s.12 PCO applications and on that basis the court has power to extend the 6-month limit in s.12(2) by reading it down where necessary except in the clearest abuse of public policy; applying statutory interpretation, rights protection and precedents the court extended time by 22 months, granted a parental order, authorized retrospective approval of specified payments (USD 62,500) under s.12(7) PCO because applicants acted in good faith and no public policy abuse was shown, and declined to read down HRTO ss.17/39 in this case without…

  • 21 Oct 2011

    TC formerly known as TSWC v. KCTC

    Citation
    TC formerly known as TSWC v. KCTC
    Court
    Court of First Instance
    Case number
    HCMP813/2011

    The court found the Mother acted reasonably in instituting proceedings but, having regard to the Official Solicitor's independent investigations and the Daughter's own denials as at 30 June 2011, any reasonable suspicion of abuse was dispelled; the Mother unreasonably persisted thereafter thereby causing unnecessary expense and distress, so the Mother must pay the Father’s and the Official Solicitor’s costs incurred after 30 June 2011; no order as to costs for the period up to and including 30 June 2011.