Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Grave risk
  • 10 Dec 2001

    LCHY v. CWF & OTHERS

    Citation
    LCHY v. CWF & OTHERS
    Court
    Court of First Instance
    Case number
    HCMP5231/2001

    The Court of First Instance is bound by the Court of Appeal in D and G: Article 13(b) must be approached in two stages — first determine whether allegations establish a grave risk that cannot be ignored, and if so then exercise the residual discretion considering demonstrable protective measures; D and G is not per incuriam and does not effect a reversal of the burden of proof.