Hong Kong Case Law: Decisions & Judgments

Topic

Fatal accidents

Legal area

Court

29 Aug 2013

YIK SIU LING v. REPUBLIC OF PHILIPPINES AND OTHERS

Citation

YIK SIU LING v. REPUBLIC OF PHILIPPINES AND OTHERS
Court

Court of First Instance
Case number

HCPI724/2013

The court struck out the claims against the Republic of the Philippines because, applying the law of the People’s Republic of China as applicable in Hong Kong, the doctrine of absolute state immunity applies; no evidence of the Philippines' consent or submission to jurisdiction was shown; accordingly the Hong Kong court lacks jurisdiction and on that basis (Order 18 rule 19 and the court's inherent jurisdiction) the claims must be struck out.
9 Nov 1990

CHUNG KI LEUNG AND OTHERS v. ATTORNEY GENERAL AND ANOTHER

Citation

CHUNG KI LEUNG AND OTHERS v. ATTORNEY GENERAL AND ANOTHER
Court

Court of Appeal
Case number

CACV96/1990

Financial subvention, budgetary supervision, and integration into a regional health framework do not, without more, create the necessary proximity to impose a common law duty of care on Government for negligent acts or omissions of an independent subvented hospital; therefore the claim against the Attorney General was correctly struck out.
7 Dec 1981

CHEONG KAU v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER

Citation

CHEONG KAU v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA134/1979

Order 20 r.5(2) and (4) authorise amendment outside the limitation period to alter the capacity in which the plaintiff sues provided the capacity is one in which he might have sued at the date of issue of the writ; because the plaintiff could have sued as a dependant under the FAO on the date of the writ, the Court must allow the amendment and treat the defect as cured ab initio, therefore the appeal is allowed and the Registrar's order striking out is reversed (but O.20 r.5 does not permit curing a writ where the plaintiff genuinely lacked capacity at the date to sue as administrator).

Hong Kong Case Law

YIK SIU LING v. REPUBLIC OF PHILIPPINES AND OTHERS

CHUNG KI LEUNG AND OTHERS v. ATTORNEY GENERAL AND ANOTHER

CHEONG KAU v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER