Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 69 mho
  • 16 Dec 2020

    LEUNG WAI KUEN v. HOSPITAL AUTHORITY AND ANOTHER

    Citation
    [2020] HKCFI 3096
    Court
    Court of First Instance
    Case number
    HCSA37/2019

    Section 69 MHO reaches acts done prior to and leading up to the making of a compulsory detention order, including medical examinations within the 7‑day period required for detention applications; accordingly the Small Claims proceedings concerning the Relevant Period fall within s.69 and must be stayed until the claimant obtains leave from the Court of First Instance under s.69, and the Adjudicator erred in refusing to stay without leave and in treating applicability as a matter requiring evidential trial in the SCT.