Qmy v. Gss

FAMV No. 24 of 2016

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 24 OF 2016 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV 68 OF 2014)

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DETERMINATION

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Mr Justice Ribeiro PJ:

1.We grant leave to appeal on the following questions of law:

(a)   Does the Court have jurisdiction to entertain applications under the Guardianship of Minors Ordinance, Cap. 13 (“GMO”), in respect of a child who is neither ordinarily resident nor present in Hong Kong?

(b)   If such jurisdiction exists, does the Court have a discretion (whether by reference to the Court’s inherent jurisdiction or otherwise) to decline jurisdiction other than on forum non conveniens principles?

(c)   If it has such a discretion, what are the criteria to be considered in deciding whether jurisdiction should be declined?

2.We also grant leave on the “or otherwise” ground on the basis that if the applicant succeeds in establishing jurisdiction under the GMO or inherent jurisdiction, the question of whether the Judge’s dismissal of the respondent’s forum non conveniens stay application stands is a question which ought to be dealt with by the Court for the effective disposal of the appeal.

3.The appeal will be heard on 17 May 2017.

Mr Robert Pang SC and Mr Eugene Yim, instructed by Christine M. Koo & Ip, for the Applicant

Mr Kenny C.P. Lin and Mr Lincoln Cheung, instructed by Lo, Wong & Tsui, for the Respondent