HHY 對 九龙医院及另二人

HHY 對 九龙医院及另二人

The court refused permission to appeal because the applicant failed to demonstrate the proposed appeal raised matters of public or great general importance or had reasonable prospects of success; the finality provision in High Court Ordinance s14AB applies and precludes further appeal from the permission decision;...

Source-derived case information.

Citation
[2025] HKCA 925
Parties
Plaintiff: HHY; First Defendant: 九龙医院; Second Defendant: 医管局; Third Defendant: 何卓斌
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 October 2025
Case Number
CACV353/2024
Procedural Posture
Application for Leave to Appeal to the Court of Final Appeal / Permission Application Refused; Appeal Notice Struck Out; Costs Assessed
Outcome
Application for leave to appeal refused; appeal notice struck out; costs awarded to defendants
Legal Topics
Leave to Appeal, Finality of Appellate Permission Decisions, Perjury/alleged False Evidence, Access to Justice for Persons With Disabilities, Judicial Fairness
Source Language
ch
Mental Health Law Civil Procedure Administrative Law Human Rights Leave to Appeal Finality of Appellate Permission Decisions Perjury/alleged False Evidence Access to Justice for Persons With Disabilities +1 more

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Parties

HHY

Plaintiff

九龙医院

First Defendant

医管局

Second Defendant

何卓斌

Third Defendant

Procedural Posture

Application for Leave to Appeal to the Court of Final Appeal / Permission Application Refused; Appeal Notice Struck Out; Costs Assessed

Legal Issues

  1. 1 Whether the proposed appeal raises a matter of public or great general importance under Court of Final Appeal Ordinance s22(1)(b)
  2. 2 Whether allegations of perjury or false evidence justify bypassing the statutory permission requirement
  3. 3 Whether the finality provision in the High Court Ordinance s14AB bars further appeal from a permission decision

Ratio Decidendi

The court refused permission to appeal because the applicant failed to demonstrate the proposed appeal raised matters of public or great general importance or had reasonable prospects of success; the finality provision in High Court Ordinance s14AB applies and precludes further appeal from the permission decision; filing an appeal notice without prior leave required by statute justified striking out the appeal notice and refusing permission.

Court Disposition

Application for leave to appeal refused; appeal notice struck out; costs awarded to defendants

Orders

  • Application for permission to appeal refused
  • Appeal notice (CACV 353/2024) struck out