Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Best interests

  • 30 Sept 2025

    RE CVB

    Citation
    [2025] HKCFI 4647
    Court
    Court of First Instance
    Case number
    HCMH11/2022

    The judge found on medical evidence that CVB lacked testamentary capacity (s10B(4)), applied s10A and s10B and the established Hong Kong authorities adopting a substituted judgment approach tempered by best interests, and concluded that a statutory will should be authorised because it was in CVBs best interests to prevent her substantial estate passing to the government and to provide, rationally and proportionately, for the 11th aunt and specified siblings/issues of the 12th uncle; accordingly the court authorised the committee to execute the statutory will containing the proposed terms and…

  • 16 Jun 2022

    胡 對 楊

    Citation
    [2022] HKFC 188
    Court
    Family Court
    Case number
    FCMC13200/2019

    The court applied the paramountcy of the children's best interests, gave appropriate weight to the clear and reasonable wishes of adolescent children and the objective evidence of living arrangements and parental capacity, and concluded that maintaining the current arrangements best served each child: son’s care and control to father (with status quo residence with uncle/extended family and mother’s reasonable access); daughter’s care and control to mother; joint custody inappropriate given parents’ inability to cooperate.

  • 7 Oct 2021

    黎 對 歐

    Citation
    [2021] HKFC 196
    Court
    Family Court
    Case number
    FCMC4228/2021

    Sole guardianship and sole care and control were awarded to the father because maintaining the existing caregiving arrangement with the father and grandmother best served the children’s welfare: the mother lacked a credible, practical care plan, had a poor and antagonistic relationship with the children (particularly the son), and realistic parental cooperation was lacking, making joint guardianship contrary to the children’s best interests.

  • 18 Dec 2019

    RM (aka RH) v. SRM

    Citation
    [2019] HKFC 324
    Court
    Family Court
    Case number
    FCMC7451/2016

    Although the mother’s application was found genuine and her childcare and schooling proposals realistic, removing L to Japan would materially and adversely affect the best interests of both children by severing their close sibling bond and disrupting the settled care and schooling that benefits them; accordingly the relocation and transfer of care were refused and the status quo maintained with specific schooling and access orders.

  • 31 Jan 2003

    THE HOSPITAL AUTHORITY v. C

    Citation
    THE HOSPITAL AUTHORITY v. C
    Court
    Court of First Instance
    Case number
    HCMP479/2003

    Where a pregnant woman lacks capacity the court may, by exercise of its inherent jurisdiction, grant a declaration authorising a caesarean section if the procedure is in the woman's best interests as determined by a responsible body of medical opinion and taking account of her likely wishes; the husband's objections do not have legal force to prevent such treatment.