Hong Kong Case Law: Decisions & Judgments

Topic

Adoption

Legal area

Court

31 Jul 2025

DIRECTOR OF SOCIAL WELFARE v. LPK

Citation

[2025] HKCFI 3344
Court

Court of First Instance
Case number

HCAD34/2023

The court found that sibling relationships among these seven abandoned children did not constitute a protectable family life under BOR14/BOR19 because there were no demonstrable close personal ties or commitment; BOR14 privacy was engaged by the lack of sibling contact but the Arrangement and freeing orders were prescribed by law, pursued the legitimate aim of safeguarding each child’s best interests, and were proportionate in view of clinical assessments and practical constraints; accordingly freeing orders for the 6th and 7th children and adoption orders for the 4th and 5th children were ju…
31 Jul 2025

DIRECTOR OF SOCIAL WELFARE v. LPK

Citation

[2025] HKCFI 3344
Court

Court of First Instance
Case number

HCAD33/2023

BOR14 protection of family among siblings was not engaged because there were no demonstrable interests, commitments or close personal ties; BOR14 privacy was engaged but the Arrangement and freeing orders were lawful (prescribed by statute) and proportionate because adoption/placement decisions were demonstrably taken in each child’s best interests on available evidence (including clinical assessments) and the restriction on sibling contact is justified until co‑adoption by same family/families becomes realistic.
30 Apr 2024

HC formerly known as HWH v. WYH

Citation

[2024] HKCFI 1157
Court

Court of First Instance
Case number

HCMC3/2023

A child born by surrogacy may be a 'child of the family' under s2 MPPO if the commissioning parents have treated the child as a child of their family; therefore the court (Family Court or CFI) has jurisdiction under s19(1) MPPO to make custody and maintenance orders for such children without a parental order or adoption order being in place, subject to protecting any third party rights under s19(2).
10 Jan 2018

LILY CHEUNG v. CHEUNG WAI KWOK AND ANOTHER

Citation

[2018] HKCA 9
Court

Court of Appeal
Case number

CACV154/2015

On the evidence the court was not satisfied on the balance of probabilities that an adoption ceremony required by Chinese custom had occurred and the contemporaneous and testimonial evidence as to the alleged 1949 marriage and continuing spousal relationship was inconsistent and insufficient; accordingly both appeals fail and earlier declarations (that LTM was the lawfully adopted daughter) stand.
3 Jul 2015

WONG KWONG YIU v. MOK HING CHUNG

Citation

WONG KWONG YIU v. MOK HING CHUNG
Court

Court of First Instance
Case number

HCAP10/2012

The court exercised its discretion to vary the costs orders: in HCAP 8/2010 costs follow the event and are payable by Wong Kwong Yiu (to be taxed if not agreed); in HCAP 10/2012 MOK is ordered to pay 75% of Wong Kwong Yiu's costs (to be taxed if not agreed); MOK's costs are to be taxed in accordance with the legal aid regulations; the apportionment reflects relative success on the issues, overlap and some duplication of expert evidence and parties' conduct.
18 Sept 2013

ZHANG RUI HUA AND ANOTHER v. WANG LAN AND ANOTHER

Citation

ZHANG RUI HUA AND ANOTHER v. WANG LAN AND ANOTHER
Court

Court of First Instance
Case number

HCAP13/2010

The court found on the balance of credible witness testimony and corroborating evidence (including DNA) that the will dated 2 February 2005 was prepared and executed by the deceased with testamentary capacity, that the presumption of revocation arising from loss of the original will had been rebutted, and that Chuan-yao is the deceased's natural son; accordingly judgment was entered for the plaintiffs and the estate ordered to be administered in accordance with that will.
26 May 2011

LING YEE KUI v. THE SECRETARY FOR JUSTICE

Citation

LING YEE KUI v. THE SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAP4/2010

A step-child is not within the meaning of 'child' or 'issue' under the Intestates' Estates Ordinance Cap.73; the words must be given their plain and natural meaning (a person born of the deceased), and nothing in the IEO's context or legislative history requires a broader meaning; expressio unius est exclusio alterius and the existence/former existence of specific provisions confirm exclusion.
20 Nov 2007

WRW v. MW

Citation

WRW v. MW
Court

Family Court
Case number

FCMC8252/2005

On the balance of probabilities the court found there was no evidence that the petitioner treated K as a child of the family: the presence of the petitioner's name on the birth certificate was not conclusive, the respondent's affidavits contained no evidence of specific treatment of K as a child of the family, and the petitioner's consistent financial support to the respondent's extended family explained the circumstances; accordingly the court declared K not a child of the family and awarded costs to the petitioner.
31 Jul 2006

KHAN KAMRAN v. DIRECTOR OF IMMIGRATION

Citation

KHAN KAMRAN v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL48/2005

The Director's refusal was lawful because, on the material before him, there was insufficient evidence to establish the requisite dependency (including compelling emotional dependence) or that the sponsor could financially maintain the applicant; the Director did not fail to take into account material considerations and the decision was within the bounds of reasonable discretion under a strict immigration policy.
20 Jul 2006

HO WAI YIN AND OTHERS v. CHENG SUET YEE

Citation

HO WAI YIN AND OTHERS v. CHENG SUET YEE
Court

Court of First Instance
Case number

HCAP18/2003

The application to determine the construction of s.2(2)(c) separately was refused because the question whether informally adopted persons fall within that provision depends materially on expert evidence as to Chinese law and custom and on factual matters best determined at trial; therefore the court exercised its discretion under O.14A r.1 / O.33 r.3 to refuse the separate determination and to require progression to trial with directions.