Hong Kong Case Law: Decisions & Judgments

Topic

Compulsory detention

Legal area

Court

2 Apr 2020

BHATTI BHUPINDER SINGH v. HOSPITAL AUTHORITY

Citation

[2020] HKCFI 530
Court

Court of First Instance
Case number

HCMP334/2019

The application for leave was dismissed because the applicant failed to establish a reasonably arguable case that the Hospital Authority acted in bad faith or without reasonable care: the nurse and doctors made contemporaneous professional judgments based on conflicting information and observed clinical signs, post‑discharge corroboration did not vitiate those judgments, and the applicant's expert evidence was procedurally defective, irrelevant to the material times and insufficient to meet the Bolam standard.
21 Jul 2016

FRANCIS JACQUELINE v. THE SUPERINTENDENT OF KWAI CHUNG HOSPITAL

Citation

FRANCIS JACQUELINE v. THE SUPERINTENDENT OF KWAI CHUNG HOSPITAL
Court

Court of First Instance
Case number

HCAL69/2016

The respondent proved on the required civil standard, supported by medical evidence and valid court‑issued detention orders under the Mental Health Ordinance, that the applicant's detention at Kwai Chung Hospital was lawful; the applicant's unsupported assertions were insufficient to rebut this, and the writ was discharged.
7 May 2001

In re Patient O

Citation

In re Patient O
Court

District Court
Case number

DCMP959/2001

Section 36 is procedural and does not itself create liability to detention; a patient detained under sections 31 or 32 for short-term observation is not, by that fact alone, a patient "liable to be detained" under s36, so the Form 7 in respect of Patient O was misconceived and s36 procedure could not properly be invoked absent statutory liability or guardian-given consent.

Hong Kong Case Law

BHATTI BHUPINDER SINGH v. HOSPITAL AUTHORITY

FRANCIS JACQUELINE v. THE SUPERINTENDENT OF KWAI CHUNG HOSPITAL

In re Patient O