Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Next friend and guardian ad litem

Legal area

Court

22 Dec 2016

A v. 接替黄偉綸在職業訓練局常務委員會當委員的教育局副秘書長 AND OTHERS

Citation

A v. 接替黄偉綸在職業訓練局常務委員會當委員的教育局副秘書長 AND OTHERS
Court

Court of Appeal
Case number

CACV111/2012

The medical evidence (reports of Dr Poon and Dr Wong) established that the applicant is a mentally incapacitated person within the meaning of the Mental Health Ordinance and therefore a 'person under disability' under Order 80, so she must be represented by a next friend or guardian ad litem (who must act by a solicitor) and the only appropriate course is to stay the proceedings until she is no longer under disability or is so represented.
19 Jan 2006

HO PO CHU v. TUNG CHEE HWA AND OTHERS

Citation

HO PO CHU v. TUNG CHEE HWA AND OTHERS
Court

Court of Appeal
Case number

CACV206/2005

The Court of Appeal held that a Part II MHO inquiry and s.10 determination are not a precondition to making a debarring order under Order 80; Order 80 uses MHO definitions for technical terms but operates separately and the court may make a debarring order only on adequate medical evidence of incapacity. Applying that test, the medical evidence before Deputy Judge Fung was insufficient to justify the debarring order, so the debarring order was set aside; however the Registrar's strike-out was appropriate on the merits and the plaintiff's appeal against the strike-out was dismissed.