Infant Placed Under Care Amidst Parental Custody Dispute and Unregistered Birth
A two-month-old infant, identified as Danny, has been placed in the care of a children’s home following an application by Hong Kong’s Social Welfare Department to the court. This action was taken to ensure the child’s safety and well-being amidst concerns surrounding his parents’ fitness to care for him. The situation is complicated by the parents’ immigration status and their initial refusal to undergo DNA testing necessary for the baby’s birth registration, a process mandated by Hong Kong law.
The parents, Tsang Wai-bong, a 43-year-old former physiotherapist, and his partner, Kwan Pui-sin, were arrested on suspicion of child neglect. The arrests followed their refusal to provide DNA samples for their son’s birth registration after the child was born at home in Hong Kong. Police confirmed that the infant was taken for a medical examination, which revealed no immediate signs of injury.
Legal and Welfare Interventions
The Social Welfare Department has taken a proactive stance, applying for a court protection order for Danny. Senior Social Work Officer Stephanie Lee Wing-sze stated that the department is conducting a thorough assessment, which includes consulting with relevant parties and seeking professional advice, before submitting recommendations to the court for further welfare arrangements.
Legislator Reverend Peter Koon Ho-ming, who has been following the case, indicated that the Social Welfare Department is likely to assume responsibility for Danny’s care for at least a year. He further suggested that the department might explore foster care options for the infant until his parents are deemed capable of regaining custody.
A Troubled Parenting History
The couple’s history raises significant concerns for welfare authorities. Notably, their two-year-old daughter, Lily, born in Finland, was removed from their care by Swedish welfare authorities in late 2023. This previous intervention followed the family’s relocation to Sweden after Finnish authorities declined to issue a birth certificate for Lily, deeming her a Hong Kong resident.
Adding to the somber history, their first daughter reportedly died in Finland in 2019 at just one month old. Both daughters, according to the parents, were born via home delivery in Finland.
The parents were subsequently released on bail and are required to report to the police in early July. The DNA samples collected from the parents and Danny are currently undergoing analysis by the government laboratory, with results eagerly awaited.
Unorthodox Parenting Practices and Vaccination Concerns
Images shared on the couple’s social media page, which also served as a platform to campaign for Lily’s return, depict what some have described as “unorthodox” parenting styles. These include feeding their infant son, Danny, juice directly from a bottle and taking him swimming at a young age. While the parents appear to believe their methods are appropriate, authorities are scrutinizing these practices.
Concerns have also been raised about the parents’ opposition to vaccinations. Lawmaker Dr. David Lam Tzit-yuen, representing the medical and health services sector, highlighted that social welfare authorities would need parental consent for any necessary vaccinations. However, he added that if the court grants the Social Welfare Department guardianship of Danny, the government would ultimately have the authority to proceed with vaccinations.
The Importance of Birth Registration
Under Hong Kong’s Births and Deaths Registration Ordinance, parents are legally obligated to register a birth within 42 days. Failure to comply can result in penalties, including fines or imprisonment. Lawyer Doreen Kong Yuk-foon emphasized the societal imperative of ensuring every child has a legal identity, stating that “Our society would not accept a child without a legal identity.”
Ms. Kong also pointed out that the current law might require amendment to address the complexities of such unusual situations, particularly the refusal of DNA testing to confirm biological parentage, which she described as “highly unusual.” The Immigration Department confirmed it follows established procedures for late birth registrations, noting that most cases are resolved promptly. Statistics indicate a fluctuating number of late registrations in recent years.
International Cooperation and Ongoing Custody Battle
The case has prompted international engagement. The Immigration Department has liaised with the Ministry of Foreign Affairs in Hong Kong, the Chinese embassy in Sweden, and the Hong Kong Economic and Trade Office in London to gather information regarding Lily’s status and care arrangements.
The family’s move to Sweden was precipitated by the Finnish authorities’ refusal to issue Lily a birth certificate. Subsequently, Swedish police detained the parents in December 2023 on suspicion of money laundering, leading to Lily being placed in the care of Linkoping social services. Although the money-laundering charges were dropped, the custody dispute over Lily remains ongoing as the Swedish care order is still in effect. Danny is expected to remain in the care center until he is deemed old enough for foster care placement.
