Hong Kong Case Law: Decisions & Judgments

Topic

Neglect

Legal area

Court

9 Apr 2026

LAU KAM SING DICKIE v. ARCHITECTS REGISTRATION BOARD HKSAR INQUIRY COMMITTEE

Citation

[2026] HKCA 628
Court

Court of Appeal
Case number

CACV108/2024

The court upheld the Inquiry Committee's findings because they were open on the evidence and involved professional judgments for which the tribunal was best placed; the appellant, as founder and registered architect who signed contracts and certifications, had a duty to supervise and his repeated supervisory failures and incorrect certifications amounted to misconduct/neglect under the ARO; the imposed suspended removal penalty was within the tribunal's discretionary range and not excessive, so the appeal was dismissed.
16 Jan 2024

DIRECTOR OF SOCIAL WELFARE v. YPS

Citation

[2024] HKCFI 213
Court

Court of First Instance
Case number

HCAD31/2023

Applying the two-stage test the court found adoption to be in the minor's best interests and on the balance of probabilities that the mother had abandoned and neglected the minor, was untraceable and unfit to care for the child; the putative father has not established parental status, therefore the mother's consent was dispensed with and the minor was freed for adoption.
29 Apr 2022

DIRECTOR OF SOCIAL WELFARE v. LYS AND ANOTHER

Citation

[2022] HKCFI 1266
Court

Court of First Instance
Case number

HCAD14/2021

Adoption was held to be in the best interests of TCKI; the mother had abandoned and neglected the child and her consent was unreasonably withheld and therefore could be dispensed with under the Adoption Ordinance; the putative father was not a parent for consent purposes and consent from him was not required.
23 Dec 2021

DIRECTOR OF SOCIAL WELFARE v. HPL AND ANOTHER

Citation

[2021] HKCFI 3874
Court

Court of First Instance
Case number

HCAD12/2020

The court found that adoption is in the best interests of the three children based on assessments and the Adoption Checklist, and that the mother had abandoned and neglected the children and could not be found despite reasonable steps; accordingly the mother's consent was dispensed with and the children declared free for adoption; the putative father is not a parent under the Ordinance and his consent was not required.
22 Dec 2017

香港特別行政區訴李錦志

Citation

香港特別行政區訴李錦志
Court

Court of First Instance
Case number

HCMA682/2016

Trial judge properly accepted the child and mother as credible; prosecution proved all elements of the four offences beyond reasonable doubt; the sentences imposed (3,3,6,2 months with partial concurrency producing total 9 months) were proportionate and within discretion; appeal dismissed.
9 Jan 1995

RE HOSPITAL AUTHORITY

Citation

RE HOSPITAL AUTHORITY
Court

Court of First Instance
Case number

HCMP2079/1994

The coroner misdirected the jury by conflating the narrow coronial concept of 'lack of care' (neglect) with ordinary civil negligence; there was no evidence, as a matter of law, amounting to 'lack of care' in the coronial sense nor a clear causal link to the baby's death; accordingly a declaration was granted and certiorari issued to expunge the words 'aggravated by lack of care' from the inquisition, without ordering a new inquiry.

Hong Kong Case Law

LAU KAM SING DICKIE v. ARCHITECTS REGISTRATION BOARD HKSAR INQUIRY COMMITTEE

DIRECTOR OF SOCIAL WELFARE v. YPS

DIRECTOR OF SOCIAL WELFARE v. LYS AND ANOTHER

DIRECTOR OF SOCIAL WELFARE v. HPL AND ANOTHER

香港特別行政區 訴 李錦志

RE HOSPITAL AUTHORITY

香港特別行政區訴李錦志