Hong Kong Case Law: Decisions & Judgments

Topic

Duty to inform

Legal area

Court

24 Nov 2025

HA CHE WAI v. MEDICAL SUPERINTENDENT OF THE PAMELA YOUDE NETHERSOLE EASTERN PSYCHIATRIC OBSERVATION UNIT AND OTHERS

Citation

[2025] HKCFI 5681
Court

Court of First Instance
Case number

HCAL2374/2023

Section 68A of the Mental Health Ordinance properly applies to patients in detention and not to persons who have been discharged (even conditionally under s.42B); s.68A does not impose a positive duty to inform detained patients of rights to representation, legal representation or availability of legal aid for Tribunal proceedings; neither common law nor BOR5 require a positive duty to inform CD patients of representation/legal aid; however, because CD patients are disadvantaged relative to detained patients, the common law requires mental hospitals and the Hospital Authority to take such rea…
7 Jun 2016

RE HO OI HING AND OTHERS

Citation

RE HO OI HING AND OTHERS
Court

Coroner's Court
Case number

CCDI350/2013

On the balance of probabilities the nine deaths were accidental, caused by a fuel leak at the upper portion of the forward right hose connected to burner number 193 which ignited during landing; the coroner therefore recorded verdicts of death by accident and issued recommendations to TIC and Kuoni to address risk assessment, information provision and DMC supervision.
11 Jul 2006

MAURA JULIET A. RAQUIZA v. THE DIRECTOR OF IMMIGRATION

Citation

MAURA JULIET A. RAQUIZA v. THE DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL20/2006

Applicant's continuous ordinary residence could only be counted from 14 April 1997 (dependant status); the 1992 absence was a break and periods as a foreign domestic helper are excluded under s.2(4)(a)(vi), so by 9 July 2003 applicant had only about six years and two months and did not meet the seven‑year requirement; accordingly she had no entitlement and the Director owed no general duty to inform about VEPIC; judicial review dismissed.

Hong Kong Case Law

HA CHE WAI v. MEDICAL SUPERINTENDENT OF THE PAMELA YOUDE NETHERSOLE EASTERN PSYCHIATRIC OBSERVATION UNIT AND OTHERS

RE HO OI HING AND OTHERS

MAURA JULIET A. RAQUIZA v. THE DIRECTOR OF IMMIGRATION