Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Time limit extension
  • 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…