Hong Kong Case Law: Decisions & Judgments

Topic

Rules of natural justice

Legal area

Court

24 Mar 1999

IN RE KANSA GENERAL INTERNATIONAL INSURANCE CO. LTD. (IN COMPULSORY LIQUIDATION)

Citation

IN RE KANSA GENERAL INTERNATIONAL INSURANCE CO. LTD. (IN COMPULSORY LIQUIDATION)
Court

Court of First Instance
Case number

HCMP1096/1999

Leave to appeal was granted because the taxation of costs raised substantial questions about jurisdiction, potential denial of natural justice and the adoption of an apparently novel taxation procedure that warranted authoritative appellate determination; costs were reserved for the Court of Appeal.
7 Aug 1990

RE DR. STEVEN LEE SIU HUNG

Citation

RE DR. STEVEN LEE SIU HUNG
Court

Court of First Instance
Case number

HCMP1759/1990

The Coroner did not exceed jurisdiction in admitting Professor Ong's evidence or in ruling that a 'lack of care' verdict could be left to the jury; expert evidence, even if contestable, was sufficient in law to found a prima facie case for the jury to consider; 'lack of care' may encompass inadequate medical treatment and can be returned standalone or as a rider; operation of r.28 in the inquest context did not deny natural justice. The judicial review application is therefore dismissed.
15 Feb 1990

RE MEDICAL DEFENCE UNION LTD.

Citation

RE MEDICAL DEFENCE UNION LTD.
Court

Court of First Instance
Case number

HCMP1950/1989

The coroner's statutory jurisdiction under s.6 does not extend to a wide-ranging, microscopic evaluation of individual professional conduct amounting to the same exercise as a civil liability trial; a 'lack of care' verdict is confined to conduct causing or contributing to the physical condition leading to death (judged by lay standards), and although the coroner misdirected himself in this inquest in treating medical conduct as effectively determinative of liability, the court refused the declaratory relief as academic while giving guidance on proper limits and procedure.
18 Jun 1976

HO MAN FAT v. THE ROYAL HONG KONG JOCKEY CLUB

Citation

HO MAN FAT v. THE ROYAL HONG KONG JOCKEY CLUB
Court

Court of First Instance
Case number

HCA382/1976

Although the Stewards acted bona fide and complied with natural justice, the evidential basis disclosed on the record was insufficient to reasonably support the Stewards' finding that the plaintiff was a party to deliberate malpractice; accordingly the disciplinary decisions (disqualification and membership suspension) were ultra vires as applied and are void.
31 Jul 1969

RE KASON ENGINEERING AND CONSTRUCTION CO LTD

Citation

RE KASON ENGINEERING AND CONSTRUCTION CO LTD
Court

Court of Appeal
Case number

CACV20/1969

A substituted petition which introduces a new petitioning creditor must be served on the company and the company must be afforded an opportunity to oppose it before a winding-up order is made; failure to do so breaches natural justice and renders the order unsustainable.

Hong Kong Case Law

IN RE KANSA GENERAL INTERNATIONAL INSURANCE CO. LTD. (IN COMPULSORY LIQUIDATION)

RE DR. STEVEN LEE SIU HUNG

RE MEDICAL DEFENCE UNION LTD.

HO MAN FAT v. THE ROYAL HONG KONG JOCKEY CLUB

RE KASON ENGINEERING AND CONSTRUCTION CO LTD