Hong Kong Case Law: Decisions & Judgments

Topic

Paternity testing

Legal area

Court

25 Feb 2025

LIU KAIBANG, a minor, by his next friend and mother LIU LIJUAN v. LAI JOSEPH TAK

Citation

[2025] HKCFI 1251
Court

Court of First Instance
Case number

HCAP44/2023

The court ordered all three DNA tests (uncle, paternity by exhumation, and sibling control) because they are useful and together provide the best available scientific evidence to determine parentage; exhumation is permitted as a last resort but justified here given a substantial chance of obtaining usable DNA and the utility of a sibling control; the defendant may refuse to give samples but the court may draw inferences from refusal; late affirmation evidence admitted de bene esse; costs of the summons to be in the cause of the preliminary issue.
12 Dec 2022

PEL, by his mother and next friend P AND ANOTHER v. SL

Citation

[2022] HKFC 275
Court

Family Court
Case number

FCMP121/2021

The Respondent was given notice and opportunities to comply with orders including a DNA test and an Unless Order; he refused or failed to participate without explanation. Under s15 Parent and Child Ordinance and relevant authority the court properly drew an adverse inference that the Respondent is the father and therefore granted the declaration of parentage and ordered amendment of the birth certificate.
4 Jun 2020

C H (a minor), suing by C K Y N, his mother and next friend v. W K Y P

Citation

[2020] HKCA 415
Court

Court of Appeal
Case number

CAMP19/2020

The Court of Appeal held the judge had considered the respondent's sworn refusal, that such refusal is not by itself determinative, that the judge correctly exercised her discretion weighing the child's interests which overrode the respondent's competing interests, and that ordering scientific tests under s13 PCO was not futile; the application for leave to appeal was dismissed with costs and an order preventing an oral rehearing application was made.
27 May 1986

YEUNG WAN YUET KUEN v. YEUNG CHUNG PING

Citation

YEUNG WAN YUET KUEN v. YEUNG CHUNG PING
Court

Court of Appeal
Case number

CACV35/1986

Where paternity of a young child is genuinely in issue the court should order blood tests of the child and parents unless there is satisfaction that testing would be against the child's interests; appointment of the Crown/Official Solicitor as guardian ad litem is not required prior to testing absent special circumstances, but the Crown Solicitor should be asked after testing whether he will act in subsequent proceedings.

Hong Kong Case Law

LIU KAIBANG, a minor, by his next friend and mother LIU LIJUAN v. LAI JOSEPH TAK

PEL, by his mother and next friend P AND ANOTHER v. SL

C H (a minor), suing by C K Y N, his mother and next friend v. W K Y P

YEUNG WAN YUET KUEN v. YEUNG CHUNG PING