The High Court on Wednesday rejected a writ of habeas corpus application from the parents of home-born son Danny, calling their legal challenge "misconceived and inappropriate."
This came after Danny was placed under the Social Welfare Department’s care when the parents, Tsang Wai-bong and Kwan Pui-sin, were arrested on suspicion of child neglect for failing to register his birth with DNA samples.
The parents subsequently challenged the department's protective custody order last month in a bid to bring Danny home, citing strict visitation restrictions.
In his ruling this morning, Judge of the Court of First Instance of the High Court Queeny Au Yueng Kwai-yue stated the habeas corpus applies only to detained persons instead of child protection cases.
The judge dismissed their legal challenge, calling the application "misconceived and inappropriate.” However, the court declined to award costs against them.
Speaking outside the court, the pair said they would take their case against the protection order to the Magistrates' Court.
They further noted that the incident had put them off having another child in Hong Kong over safety concerns.
The couple has been at the center of childcare controversies following their "Save Lily" social media campaign.
