Court rejects baby Danny's parents’ habeas corpus bid

A court has rejected an application by the parents of Danny, a baby boy who was born at home and placed under a court protection order and in the care of the Social Welfare Department.

Danny’s parents had applied to the High Court for a writ of habeas corpus, seeking to regain custody of their son.

They alleged that the Social Welfare Department had applied eczema cream to the baby without parental consent and interfered with his breastfeeding.

They also argued that the department had failed to demonstrate that they posed any significant risk to Danny, and claimed that their son was being unlawfully detained.

In the judgment, High Court Judge says Danny was being cared for by the Po Leung Kuk under a court protection order and was therefore not being “detained”.

The judge says the Po Leung Kuk’s provision of medical care to the baby was a lawful exercise of its authority, rather than an abuse of power.

The judge also criticised Danny’s father for citing only selected facts to accuse the Social Welfare Department of neglect without providing sufficient evidence, noting the allegations had been taken out of context, with some complaints having no meaningful basis.

The judge describes the application as “wrong and inappropriate”, but decided not to make an order for legal costs.

After the ruling, Danny’s parents said they would continue to explore legal avenues to apply for another writ of habeas corpus.

The court had earlier issued a 36-month child protection order, meaning Danny will remain under the care of the Social Welfare Department.

The department will submit a progress report on Danny’s care and protection to the Juvenile Court next Friday.