LEUNG WAI KUEN v. HOSPITAL AUTHORITY AND ANOTHER

LEUNG WAI KUEN v. HOSPITAL AUTHORITY AND ANOTHER

Section 69 MHO reaches acts done prior to and leading up to the making of a compulsory detention order, including medical examinations within the 7‑day period required for detention applications; accordingly the Small Claims proceedings concerning the Relevant Period fall within s.69 and must be stayed until the claimant obtains leave from the Court of First Instance under s.69, and the Adjudicator erred in refusing to stay without leave and in treating applicability as a matter requiring evidential trial in the SCT.

Citation
[2020] HKCFI 3096
Parties
Claimant: Leung Wai Kuen; 1st Defendant: Hospital Authority; 2nd Defendant: Princess Margaret Hospital
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 2020
Case Number
HCSA37/2019
Procedural Posture
Small Claims Tribunal Appeal (court of First Instance) / Decision on Appeal (paper Disposal)
Outcome
Appeal allowed; Adjudicator's order set aside; Small Claims Tribunal proceedings stayed until claimant obtains leave under s.69 MHO.
Legal Topics
Statutory Immunity, Section 69 MHO, Stay of Proceedings, Leave to Sue Requirement
Source Language
EN
Mental Health Law Administrative Law Civil Procedure Statutory Immunity Section 69 MHO Stay of Proceedings Leave to Sue Requirement

Case Brief

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Parties

Leung Wai Kuen

Claimant

Hospital Authority

1st Defendant

Princess Margaret Hospital

2nd Defendant

Procedural Posture

Small Claims Tribunal Appeal (court of First Instance) / Decision on Appeal (paper Disposal)

Legal Issues

  1. 1 Whether s.69 MHO covers acts done prior to and leading up to the making of a compulsory detention order
  2. 2 Whether the Adjudicator was required to hear evidence before deciding applicability of s.69 MHO

Ratio Decidendi

Section 69 MHO reaches acts done prior to and leading up to the making of a compulsory detention order, including medical examinations within the 7‑day period required for detention applications; accordingly the Small Claims proceedings concerning the Relevant Period fall within s.69 and must be stayed until the claimant obtains leave from the Court of First Instance under s.69, and the Adjudicator erred in refusing to stay without leave and in treating applicability as a matter requiring evidential trial in the SCT.

Court Disposition

Appeal allowed; Adjudicator's order set aside; Small Claims Tribunal proceedings stayed until claimant obtains leave under s.69 MHO.

Orders

  • Order setting aside the Adjudicator's order dated 20 September 2019
  • Stay of the Small Claims Tribunal proceedings until the claimant obtains leave from the Court of First Instance under s.69 of the Mental Health Ordinance