A Hong Kong court has dismissed a father’s “inappropriate” application for a writ of habeas corpus for his infant son Danny, who was born unassisted at home and has been kept in government custody.

When granted, a writ of habeas corpus – meaning “to have the body” – would force a person or authority holding someone in custody to prove at the Court of First Instance that the detention is legal.

High Court Judge Queeny Au-Yeung on Wednesday dismissed the application filed by Tsang Wai-bong, whose partner Kwan Pui-sin gave birth to a boy named Danny earlier this year.

The pair are part of the free birth movement, in which parents advocate giving birth without a registered medical professional. Authorities said that Danny had not received any medical check-ups since birth and was not registered.

The city’s Juvenile Court handed down a three-year protection order for Danny in June, after the parents were arrested on suspicion of child neglect. The infant has since remained under the supervision of the Social Welfare Department.

But Tsang filed a habeas corpus application for Danny this month, alleging that his son had suffered “torture,” “arbitrary detention” and an “unfair trial.”

‘Entirely inappropriate’

In a judgment handed down on Wednesday, Judge Au-Yeung ruled that Danny was “not under detention,” as he was committed to the care of a government-appointed organisation through a child protection order.

The organisation “has not deprived [Danny] of liberty that would amount to detention,” the judge wrote.

“It is plain that the application for a writ of habeas corpus is entirely inappropriate… none of the Father’s grounds have merit,” she added.

However, the judge did not order Tsang to pay the legal costs resulting from the application, despite the Department of Justice seeking them.

“There is no public interest involved in the present case. It is an application by a parent who, having a child delivered by his own means, fixates on his own way of raising his child without regard to the risks that he exposes his child to,” the judge wrote.

Speaking outside the court on Wednesday, Tsang said he would apply to the magistrates’ courts to discharge the child protection order.

The next hearing for the child protection order has been scheduled for August 28, Tsang said.

The family captured public attention earlier this year after they launched a campaign called “Save Lily.” The parents are fighting for custody of their other child, Lily, whom Swedish authorities took into custody in 2023 over welfare concerns.

According to the couple, a Swedish court is due to process an application by the local social welfare agency seeking a permanent transfer of Lily’s custody to a foster family, with whom the child has been living for the past two years.

The couple earlier said they would be willing to accept government supervision if they could be reunited with Danny. They received a birth certificate for the boy following their arrest in June.