Hong Kong High Court rejects habeas corpus bid for infant Danny

The Hong Kong High Court has dismissed a habeas corpus application filed by Keith Tsang Wai-bong and Kwan Pui-sin, known as the ‘Save Lily’ parents, seeking the return of their infant son, Danny, from the care of the Social Welfare Department.

Madam Justice Queeny Au-Yeung ruled that the writ was an unsuitable vehicle for the dispute, stating that habeas corpus is intended for cases of unlawful detention rather than ordinary child-protection disagreements. The judge noted that more appropriate legal channels, such as judicial review or appeals, should be pursued first.

The infant is currently under a three-year protection order following the department's intervention. The court cited several factors regarding the parents' potential to risk the child's health, including their failure to attend prenatal and postnatal medical checks, decisions regarding vaccinations, and the fact that another of their children is in official care in another country.

Outside of court, the parents expressed their intention to seek the removal of the protection order through the magistrates’ courts. They criticized the department's involvement, claiming it has damaged their relationship with their son and interfered with breastfeeding. The father stated they would not have further children in Hong Kong, describing the environment for childbirth as ‘dangerous’ due to such interventions.