Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Court-appointed expert

Legal area

Court

25 Sept 1990

NGUYEN HO AND OTHERS v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

NGUYEN HO AND OTHERS v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of Appeal
Case number

CACV135/1990

The judge's decision refusing to appoint a court expert was within his discretion and not plainly wrong on the material before him; the appellants failed to show sufficient prejudice or a basis requiring court appointment of an expert, therefore the appeals are dismissed.
25 Sept 1990

DAO DUC LINH AND OTHERS v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

DAO DUC LINH AND OTHERS v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of Appeal
Case number

CACV139/1990

The judge properly exercised his discretion in refusing to appoint a court expert under Order 40 because, on his review of the affirmations and evidence, the alleged interpreter incompetence did not give rise to sufficient concern of prejudice to warrant appointment; the appellate court will not disturb such a discretionary decision absent a finding it was plainly wrong; additional considerations (existing affidavit evidence, lack of objective standards for testing competence, practical difficulties) supported refusal, therefore the appeals were dismissed.