Hong Kong Case Law: Decisions & Judgments

Topic

Next friend

Legal area

Court

9 Sept 2025

CFW (a minor) by his next friend NF v. HONG KONG SAR GOVERNMENT

Citation

[2025] HKCFI 4130
Court

Court of First Instance
Case number

HCAL1870/2025

The application was dismissed because of a fatal procedural non-compliance with Order 80 requiring a next friend to act by a solicitor and because there was no arguable unlawful state detention as the minor was in a private placement arranged by his mother with SWD assistance; substitution of the next friend was declined and no costs were ordered.
6 Sept 2017

SAPLOR AIDA SABIANO, the next friend of SAPLOR AGNES SABIANO v. NATASHA O. USHER

Citation

SAPLOR AIDA SABIANO, the next friend of SAPLOR AGNES SABIANO v. NATASHA O. USHER
Court

District Court
Case number

DCEC1089/2014

The notice to act in person filed by the next friend was invalid because Order 80 rule 2(3) requires a next friend to be represented by solicitors and thus the next friend is not entitled to act in person under Order 62 rule 4; accordingly the notice was set aside and the solicitors on record remain so.
7 Apr 2017

LAM MAN CHIU v. HONG KONG FLOURTECH LTD

Citation

LAM MAN CHIU v. HONG KONG FLOURTECH LTD
Court

Court of First Instance
Case number

HCPI1083/2006

The action was dismissed because the plaintiff failed for over five years to comply with the Setdown Order without satisfactory explanation, giving rise to the inference he had no genuine intention to proceed, and that continued delay would materially prejudice the defendant; dismissal for abuse of process was therefore a proper exercise of the court's discretion and costs were awarded and ordered taxed under the Legal Aid Regulations.
22 Dec 2016

A v.警務副處長(行動) AND OTHERS

Citation

A v.警務副處長(行動) AND OTHERS
Court

Court of First Instance
Case number

HCMP839/2015

Based on contemporaneous medical reports from Dr Poon and Dr Wong concluding the applicant is mentally incapacitated/mentally handicapped within the Mental Health Ordinance and therefore a person under disability under Order 80, and because the applicant failed to adduce contrary medical evidence, the court must stay the proceedings until she is no longer a person under disability or is represented by a next friend or guardian ad litem (who must act by a solicitor as required).
16 Aug 2016

NG KONG YEAM by his next friend NG CHUNG SAN v. FARLIM GROUP (CHINA) LTD AND OTHERS

Citation

NG KONG YEAM by his next friend NG CHUNG SAN v. FARLIM GROUP (CHINA) LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2176/2011

Given the paramount need to protect the patient’s interests, the court was entitled to accept unchallenged prima facie evidence (handwriting expert reports and statutory declaration) and admissions in related proceedings indicating forgery and unreliability by Madam Kay; those findings, together with evidence of litigious propensity, animus against family/Committee members and possible self‑interest, meant Madam Kay was not a fit and proper person to act and the Committee/Mr Ng were a more appropriate appointment; accordingly the court removed Madam Kay and permitted the Committee (through it…

Hong Kong Case Law

CFW (a minor) by his next friend NF v. HONG KONG SAR GOVERNMENT

SAPLOR AIDA SABIANO, the next friend of SAPLOR AGNES SABIANO v. NATASHA O. USHER

LAM MAN CHIU v. HONG KONG FLOURTECH LTD

A v.警務副處長(行動) AND OTHERS

NG KONG YEAM by his next friend NG CHUNG SAN v. FARLIM GROUP (CHINA) LTD AND OTHERS