9 Mar 2018
LI CHI SUM v. DIRECTOR OF FIRE SERVICES
- Citation
- [2018] HKCFI 498
- Court
- Court of First Instance
- Case number
- HCAL89/2015
The Presiding Officer's refusal to adjourn for a medical board was unlawful and an arbitrary fettering of discretion (the witness signature requirement was not mandated and the Presiding Officer improperly pre-empted medical assessment); accordingly the guilty findings and dismissal without retirement benefits were quashed and a medical board must be convened; other challenges (proceeding in absentia, lack of legal representation, absence of medical advice prior to institution) were dismissed as the Presiding Officer was entitled to proceed under the Absentia Hearing Guidelines and the FSD ha…