Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Capacity/inquiry procedure
  • 20 Feb 2004

    DIRECTOR OF SOCIAL WELFARE v. OFFICIAL SOLICITOR

    Citation
    DIRECTOR OF SOCIAL WELFARE v. OFFICIAL SOLICITOR
    Court
    Court of First Instance
    Case number
    HCMP44/2004

    The court must observe the two-stage statutory scheme in Part II: give directions under Section 7 (which may be dealt with ex parte on papers), require notice under Section 8 and then hold the inquiry under Section 10; therefore the first call-over cannot be treated as the inquiry, the alleged incapacitated person and the intended committee/Official Solicitor need not be joined as parties, Order 80 guardian ad litem process is inapt, service cannot be dispensed with though substituted service may be ordered when personal service is ineffectual, and the court may dispense with doctors' attenda…