16 Dec 2020
LEUNG WAI KUEN v. HOSPITAL AUTHORITY AND ANOTHER
- Citation
- [2020] HKCFI 3096
- Court
- Court of First Instance
- Case number
- HCSA37/2019
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.