Court dismisses challenge to Danny protection order

The High Court recently declined to hear an application from the parents of baby Danny seeking to overturn the government's custody of the infant. The four-month-old boy is currently being looked after by the Social Welfare Department under a three-year protection order handed down by the West Kowloon Magistrates' Court in June.

In her ruling, Judge Queeny Au-Yeung deemed the application "entirely inappropriate," stating that the writ of habeas corpus is only applicable in cases of detention, which would only be issued when standard remedies are not feasible. "Bringing habeas corpus proceedings in relation to a child in care is not appropriate," she declared.

The father argued that the department had not provided any proof that Danny faced any harm. However, Judge Au-Yeung refuted this claim, noting that the parents had not undergone any pre- and postnatal examinations, and the child had not been vaccinated. She also ruled that the father would not be responsible for the legal fees, as no public interest was involved in the case.

Judge Au-Yeung added that the parent's fixation on their own method of raising their child, despite the risks they pose, was concerning. Tsang, the father, informed reporters after the hearing that they intend to approach the juvenile court. "The High Court is often cautious as the care order was approved by the Juvenile Court," he explained.

"The High Court judge wanted us to apply directly to the Juvenile Court, as they don't wish to interfere with the court's decision. That's why my application was rejected. But the judgement inspired me to consider applying to the Juvenile Court to cancel the order."