19 Jan 2006
HO PO CHU v. TUNG CHEE HWA AND OTHERS
- Citation
- HO PO CHU v. TUNG CHEE HWA AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV206/2005
The Court of Appeal held that a Part II MHO inquiry and s.10 determination are not a precondition to making a debarring order under Order 80; Order 80 uses MHO definitions for technical terms but operates separately and the court may make a debarring order only on adequate medical evidence of incapacity. Applying that test, the medical evidence before Deputy Judge Fung was insufficient to justify the debarring order, so the debarring order was set aside; however the Registrar's strike-out was appropriate on the merits and the plaintiff's appeal against the strike-out was dismissed.