Hong Kong parents lose legal bid to get baby Danny back from welfare authorities

A Hong Kong couple's legal battle to regain custody of their newborn son, Danny, who was placed in welfare authorities' care, has ended with a ruling against them. High Court Judge Queeny Au Yeung Kwai-yue dismissed the father's application for habeas corpus, arguing that the father's child-raising methods failed to account for potential risks.

The baby, now four months old, was placed in a shelter managed by the Social Welfare Department following a child protection order granted in June. The father, Tsang Wai-bong, had initiated the legal challenge, claiming that his son had been unjustly detained as welfare authorities could not prove the baby was at risk under his care.

He also argued that forcing Danny to stop breastfeeding prematurely was a form of torture. The court, however, pointed out that such proceedings were an extraordinary remedy that only applies if no other ordinary legal remedies are available. Despite medical officers repeatedly prescribing a medication for the baby's eczema, the parents opted for an alternative treatment of applying organic olive oil, which eventually proved effective.

The judge deemed the habeas corpus proceedings inappropriate and stated that the father was merely using the court to challenge the child protection order. Tsang and Danny's mother, Kwan Pui-sin, vowed to continue their legal battle by petitioning to discharge the protection order in the Juvenile Court. The couple's eldest daughter, Constance, passed away in infancy after a home birth in Finland in 2019.