Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Social enquiry report

  • 3 Mar 2023

    RE LYM

    Citation
    [2023] HKCFI 656
    Court
    Court of First Instance
    Case number
    HCMH44/2013

    The Committee does not have locus to apply for guardianship under s59M read with s59N(1) of the Mental Health Ordinance because s59N(1) prescribes the sole categories of applicants; however, the High Court possesses an inherent protective jurisdiction to appoint a guardian for an adult mentally incapacitated person who falls outside the statutory applicant categories where the statutory scheme is inadequate, and the Court may call for a social enquiry report (containing s59P(3) information) from the Director before deciding whether to appoint the Committee as guardian of LYM.

  • 9 Nov 1999

    HKSAR v. WONG KAI HING

    Citation
    HKSAR v. WONG KAI HING
    Court
    Court of Appeal
    Case number
    CACC316/1999

    The court dismissed the application for leave to appeal against sentence: the sentence of 27 months' imprisonment (concurrent on two counts) was not excessive given the seriousness of the offence, the applicant's active and equal participation in a violent blackmail involving captivity, threats and a firearm, and the trial judge's legitimate decision to achieve parity with the co-defendant; absence of a Social Enquiry Report and the applicant's personal circumstances did not render the sentence unsafe. The court nevertheless ordered that four months of time spent in custody shall not count to…