Re Lpc

FCMP 189/2021

[2022] HKFC 93

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 189 OF 2021

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Coram:  HH Judge C.K. Chan in Chambers (Not Open to Public)

Mode of Hearing:  By Written Submissions

Date of Applicant’s Written Submissions:  25 March 2022

Date of Decision:  22 April 2022

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D E C I S I O N

(APPOINTMENT OF GUARDIAN)

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1.This is an ex-parte application for the appointment of the Applicant as the Guardian of a minor, now aged 15, under s.8D (1) of the Guardianship of the Minors Ordinance, Cap. 13 and O.90, r.1 of the Rules of District Court, Cap. 336H.

2.The Applicant is now aged 86, the maternal grandmother of the minor. It was most unfortunate that both the parents of the minor passed away on 1 April 2021 during a tragic event. The event was suspected to be a homicide/suicide case. The deceased parents had 2 sons. The elder son (i.e. the elder brother of the minor) is now aged 19, an university student now living at the university dormitory. The minor is aged 15, turning 16 shortly. He is a Form 4 student and currently living with his maternal uncle on a temporary basis.

3.According to the Applicant, she has all along maintained a very close relationship with the minor, even before the passing of his parents. She had helped her daughter to look after the minor and had even moved in to live with them at one stage. After discussion with the other family members, they all agreed that the minor should stay with and to be cared by the Applicant before he attains majority.

4.I have called for a Social Investigation Report and it was revealed that the Applicant is currently living alone in a public estate unit. Despite her age, the Applicant was in general good health and was considered to be a suitable carer of the minor. It was also the wish of the minor to live with the Applicant. Therefore, the Social Investigation Officer made a recommendation that the Applicant is to be appointed as the guardian of the minor.

5.After considering all the evidence of this case, I am satisfied that both parents of the minor have passed away without appointing any testamentary guardian. The Applicant is considered to be a suitable carer of the minor, who has also expressed his wish to stay with the Applicant. My understanding is that the elder son, albeit an adult already, has also expressed his wish to live with the Applicant and the minor. Under these circumstances, I am satisfied that appointing the Applicant to be the guardian of the minor will be in his best interest.

6.Based on the aforesaid discussion, I hereby appoint the Applicant to be the guardian of the minor. There shall be no order as to costs, including all costs reserved, if any.

Representation:

Messrs. P.C. Woo & Co., solicitors for the Applicant