Hong Kong Case Law: Decisions & Judgments

Topic

Mental health ordinance

Legal area

Court

29 Apr 2025

P v. D1 AND ANOTHER

Citation

[2025] HKDC 744
Court

District Court
Case number

DCCJ811/2020

On unchallenged expert psychiatric evidence that D1 is currently mentally incapacitated and cannot give instructions or conduct this litigation, and given D2 has a conflict of interest, the court must protect D1's interests by appointing the Official Solicitor as guardian ad litem, redirecting service to the Official Solicitor, vacating the immediate trial date and listing a directions hearing to determine the way forward.
21 May 2020

謝瑛明訴社會福利署署長（梁松泰）及另十人

Citation

[2020] HKCFI 847
Court

Court of First Instance
Case number

HCAL194/2020

Leave to apply for judicial review was refused because (1) the Guardianship Board, not the Social Welfare Department staff, made the dispositive guardianship decisions so the applicant targeted the wrong respondents; (2) the original guardianship order was outside the three-month leave period and thus academic; (3) the challenge to the extension was premature while statutory review/appeal processes under the Mental Health Ordinance remain available or pending; (4) statutory appeal mechanisms exist and must be exhausted; and (5) alleged criminal conduct should be investigated by law enforcemen…
24 Jun 2015

CHEUNG KWAI YIN v. MORAL LUCK FINANCE LTD

Citation

CHEUNG KWAI YIN v. MORAL LUCK FINANCE LTD
Court

Court of Final Appeal
Case number

FACV5/2015

The Court held that the lower courts erred by imposing a Part II MHO‑level evidential threshold and by permitting the plaintiff to oppose a protective appointment; where the statutory criteria and solicitor's certificate under Order 80 are met (and the defendant falls within the MHO definition), the proposed guardian ad litem is entitled to appear without a preliminary court inquiry, and the applicant should be appointed so the defendant's rights can be vindicated on the merits.
20 Mar 1997

R v. LAM KA YIU

Citation

R v. LAM KA YIU
Court

Court of Appeal
Case number

CACC286/1996

The Court of Appeal has jurisdiction at the appellate stage to set aside an order of detention made following a special verdict of not guilty by reason of insanity and, where the amended s.76 CPO and the statutory prerequisites are satisfied, may substitute a supervision and treatment order; accordingly the appeal was allowed and the detention order replaced with a supervision and treatment order.

Hong Kong Case Law

P v. D1 AND ANOTHER

謝瑛明 訴 社會福利署署長（梁松泰）及另十人

CHEUNG KWAI YIN v. MORAL LUCK FINANCE LTD

R v. LAM KA YIU

謝瑛明訴社會福利署署長（梁松泰）及另十人