Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Capacity/person under disability
  • 2 Oct 1985

    MOK SHUM PIK YING v. MOK KAM BOR

    Citation
    MOK SHUM PIK YING v. MOK KAM BOR
    Court
    Court of First Instance
    Case number
    HCMC3514/1984

    The Court approved and recorded the agreed procedural framework: Petitioner's solicitor must refer suspected disabled respondents to the Crown Solicitor before service under Rule 105(3), provide relevant non‑privileged information, not seek privileged medical records, and, if necessary, apply under Rule 105(5) for directions so the Court may appoint a guardian ad litem (including the Crown Solicitor) even if the Crown Solicitor has not consented; on the facts, the Crown Solicitor was appointed by consent subject to filing his consent.