Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Part ii mental health ordinance procedure
  • 11 Jun 2021

    RE FKS

    Citation
    [2021] HKCFI 1641
    Court
    Court of First Instance
    Case number
    HCMH40/2020

    In Part II MHO proceedings the court will generally refuse cross-examination on affidavit where the disputes raised are complex financial matters unsuitable for the Part II forum, and where a decision on the applicant's fitness can properly be reached on the basis of affidavit and documentary evidence; granting cross-examination would be disproportionate, cause delay, increase costs and would not be in the best interests of the alleged mentally incapacitated person.