The Director of Social Welfare and Another v. Chiu Chun Lin, Female

Case No.HCMP 1148/1987

Court

High Court CFI

Date—

Judge—

Case Document

100%Judiciary

HCMP001148/1987

1987 No. 1148

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

MISCELLANEOUS PROCEEDINGS

_________________

IN THE MATTER OF an application on behalf of the Plaintiff for leave to apply for an Order of Committal for Contempt of Court against the 1st Defendant

and

IN THE MATTER OF LAM Wai-Kwan, a minor

and

IN THE MATTER OF Section 26 of The Supreme Court Ordinance, Cap. 4 and Order 90 of the Rules of The Supreme Court

and

IN THE MATTER OF the Guardianship of Minors Ordinance, Cap. 13

______________

BETWEEN

	THE DIRECTOR OF SOCIAL WELFARE	Plaintiff

	and

	LAM KWOK WAH, male

	and

	CHIU CHUN LIN, female	Defendants

_________________

Coram: Hon. Mr. Justice Mayo in Court

Date of Hearing: 13th May 1988

Date of Delivery of Judgment: 13th May 1988

___________

JUDGMENT

___________

1. This is a sad case. After giving careful consideration to all the surrounding circumstances, I have come to the conclusion that I have no alternative but to make an order committing 1st Defendant Lam Kwok Wah to prison for contempt of Court.

2. I have considered carefully the evidence of Ng Siu Man, an assistant welfare officer who both filed affirmations and gave oral evidence concerning what transpired in connection with the efforts made to arrange for Wai Kwan to be admitted to hospital for the operation I referred to in my judgment in this case. I have no doubt whatsoever that Mr. Ng was a truthful witness and I accept his evidence. I accept that Lam Kwok Wah deliberately obstructed Mr. Ng and his colleagues in making the necessary arrangements. I also accept his evidence that Mr. Lam made threat s to both himself and Mrs. Ma, one of her colleagues. In particular Mr. Lam threatened to chop them and to assault any members of Social Welfare Department who in future attended at his residence. Mr. Lam was represented by Mr. De Boinville. Everything possible was said for him. Also Mr. Lam himself went into the witness box. I do not accept his evidence to the effect that there was any misunderstanding in this matter.

3. This is an insufferable situation. Mr. Lam has deliberately flouted a Court order and I am satisfied that I have no alternative but to commit him to prison for contempt. I order that Mr. Lam will be committed to prison for 14 days from today's date.

4. I am told that the operation can be performed on Wai Kwan on 20th May, 1988. I order that a Bailiff attend at the Lam residence to collect Wai Kwan on that day and that he be accompanied by a suitable member of the staff of the Director of Social Welfare. I also order that the judgment I gave in this matter and my order of 25th February, 1988 can be published. On that occasion I gave Mr. Lam a solemn warning of the consequences of disobeying a Court Order. Costs to the plaintiff. Defendant's costs to be taxed in accordance with Legal Aid Regulations.

(Simon Mayo)

Judge of the High Court

Representation:

Mr. W.R. Marshall & Mrs. A. Cabrelli & Mr. D. Logan of A.G.'s Chambers for Plaintiff

Mr. Nigel De Boinville inst'd. by Deacons assigned by D.L.A. for 1st Defendant