Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Protective jurisdiction

  • 4 Oct 2024

    RE WSY

    Citation
    [2024] HKCFI 2713
    Court
    Court of First Instance
    Case number
    HCMH78/2011

    Proceedings under Part II of the MHO are protective and the paramount consideration is the MIP's requirements; a relative may be heard but has no absolute right and cannot convert the supervisory jurisdiction into an adversarial forum. Whether a buy-out is in the MIP's best interest turns materially on valuation and terms, which are not merely procedural; the Committee should negotiate terms and seek court authorisation as necessary. On the facts the Buy-out Summons was dismissed because the Court will not compel the Committee to accept the proposed buy-out absent clear demonstration that it…

  • 15 Oct 2021

    RE HVD

    Citation
    [2021] HKCFI 3213
    Court
    Court of First Instance
    Case number
    HCMH48/2021

    There was sufficient objective medical evidence raising serious doubt about HVD's mental capacity and a clear connection with Hong Kong to engage the court's protective jurisdiction; the applicants should have disclosed the statutory declaration but its nondisclosure was not material enough to discharge the injunction; balance of convenience favoured maintaining the injunction pending a proper inquiry, subject to a limited temporary stay to permit a video-link medical examination in Singapore to be conducted by the applicants' nominated psychiatrist by 5 November 2021.

  • 24 Oct 2013

    YINGGAO RESOURCES LTD v. ECO METAL (HONG KONG) LTD AND ANOTHER

    Citation
    YINGGAO RESOURCES LTD v. ECO METAL (HONG KONG) LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA964/2012

    Despite the absence of a dispute between the plaintiff and the 1st defendant as to the destination of the funds, the judge concluded that adverse claims nonetheless existed within the meaning of Order 17 r 1 so as to engage the protective jurisdiction; accordingly leave to appeal was granted to enable the Court of Appeal to consider the important jurisdictional issue, costs were ordered in the cause, and the application for a certificate for two counsel was refused.

  • 25 Jan 2006

    RE YLC

    Citation
    RE YLC
    Court
    Court of First Instance
    Case number
    HCMP1190/2005

    The court, exercising its protective jurisdiction under the Mental Health Ordinance and guided by s10A, declined to appoint a committee but appointed the applicant as payee under Section 24 despite reservations; fixed the monthly payment to the applicant at $40,000; authorized reimbursement of past expenses in the sum of $500,000; directed costs allocation (estate to pay costs up to 16 September 2005; applicant to pay the Official Solicitor's costs for the December and January hearings and his own costs incurred after 16 September 2005); and imposed fiduciary and accounting obligations on the…

  • 27 May 1986

    YEUNG WAN YUET KUEN v. YEUNG CHUNG PING

    Citation
    YEUNG WAN YUET KUEN v. YEUNG CHUNG PING
    Court
    Court of Appeal
    Case number
    CACV35/1986

    Where paternity of a young child is genuinely in issue the court should order blood tests of the child and parents unless there is satisfaction that testing would be against the child's interests; appointment of the Crown/Official Solicitor as guardian ad litem is not required prior to testing absent special circumstances, but the Crown Solicitor should be asked after testing whether he will act in subsequent proceedings.