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Hong Kong decisions
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Habeas corpus application dismissed. The court held Moran’s detention and conditional discharge were authorised by the Mental Health Ordinance and not unlawful.
The Court granted an extension of time and allowed amendment of the judicial review, but held that section 68A does not apply to conditionally discharged patients.
The Hong Kong Court of Appeal rejected a challenge to jury directions in a ketamine trafficking case, holding the summing-up did not reverse the burden of proof.
The Court of First Instance dismissed a habeas corpus application challenging a conditional discharge order under the Mental Health Ordinance.
Claim struck out and proceedings dismissed because plaintiff sued a wrong defendant, the claim disclosed no reasonable cause of action on the facts pleaded, medical/psychiatric allegations lacked expert evidence required by Bolam, and the proceedings were frivolous, vexatious and an abuse of process; costs awarded to defendant (HK$35,000).
Source excerpt
The court refused leave for judicial review, holding the dispute was about medical diagnosis and treatment, section 27 did not apply, and the claim was time-barred.
The Court of First Instance allowed a sentence appeal and replaced short custodial sentences with conditional discharges for a minor heroin offence and theft, citing terminal illness and frailty.
The court suspended the bankrupt’s automatic discharge for 8 months after finding unfair preferences, a property transfer to his wife without consideration, and lack of cooperation.
The court refused to vary its costs order and confirmed that the trustee could not recover costs from the bankrupt’s estate after withdrawing the objection to discharge.
Court of Appeal dismissed a trustee’s bankruptcy appeals, upholding remittal to the Master and holding that costs of objecting to discharge cannot be a condition under s 30A(9).
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