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HCMP 2563/2024
[2025] HKCFI 364
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 2563 OF 2024
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IN THE MATTER of K, male, a child born on XX September 2012
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and
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IN THE MATTER of Section 26 of the High Court Ordinance (Cap 4), Order 90 of the Rules of the High Court (Cap 4A), the Guardianship of Minors Ordinance (Cap 13) and Inherent Jurisdiction
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| BETWEEN |
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J |
Applicant |
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and
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Q |
Respondent |
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| Before: |
Hon Winnie Tsui J in Chambers (Not open to the public) |
| Date of Hearing: |
11 December 2024 |
| Date of Decision: |
11 December 2024 |
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D E C I S I O N
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1. In the interests of time, and given that the care order which I made last Friday is interim in nature, the mother’s leave to appeal application should be dealt with promptly and expeditiously. Therefore, I decline the father’s suggestion that the matter be adjourned for paper disposal.
2. I do not propose to deal with the proposed grounds of appeal one by one.
3. On a general level, grounds 1 to 4 challenge the weight which I gave to various pieces of evidence and various objective facts revealed by the evidence.
4. The issue of weight to be given to the evidence is usually a matter within the judgement call of the first instance judge. As such, I consider that these grounds are not reasonably arguable.
5. As for ground 5, it refers to what happened after the order was made last Friday. I understand that the mother now wishes to rely on it to say that the subsequent event has proved that I made the wrong decision on that day.
6. Ultimately, in reaching the interim care decision, it was a matter of weighing different and competing factors. As such, it is still an issue of weight. For the same reason, I do not consider that ground 5 is reasonably arguable.
7. Therefore, I decline to grant leave to appeal to the mother against my interim care decision.
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( Winnie Tsui )
Judge of the Court of First Instance
High Court |
Mr Shaphan Marwah, instructed by Tanner De Witt, for the applicant
Ms Anita Yip, SC and Ms Lily Yu, instructed by Rita Ku & Ser, for the respondent
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