Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Certificate as to next friend
  • 4 Aug 2009

    CHAN KIN SHING v. K. WAH ASPHALT LTD

    Citation
    CHAN KIN SHING v. K. WAH ASPHALT LTD
    Court
    District Court
    Case number
    DCEC639/2009

    The Certificate failed to state the grounds of the solicitor's knowledge or belief that the Applicant is mentally incapacitated and failed to state that no person is authorised under the Mental Health Ordinance; therefore it did not comply with Order 80 r3(8) RDC, Madam Lee's name could not be used as next friend and the proceedings could not continue until the deficiencies were regularised; consequently the court adjourned the First Hearing, directed the Applicant to apply for leave to amend the Certificate and ordered costs of HK$600 against the Applicant.