Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Immunity from suit

  • 16 Oct 2014

    陳碩謙 對 醫院管理局

    Citation
    陳碩謙 對 醫院管理局
    Court
    Court of Appeal
    Case number
    CACV189/2012

    Section 69(2) pursues a legitimate aim and is rationally connected to that aim but the statutory threshold "substantial ground for the contention" goes beyond what is necessary; s69(2) is to be read down so that the leave threshold becomes whether there is a "reasonably arguable ground" (akin to Chan Po Fun). Proceedings commenced without leave are irregular rather than automatic nullities and can be regularised by subsequent grant of leave; consequently the appellant's claim should not have been struck out and the matter is remitted to the Court of First Instance (HCMP 1096/2012) to determin…

  • 30 May 2000

    TANG NIN MUN v. SECRETARY OF JUSTICE

    Citation
    TANG NIN MUN v. SECRETARY OF JUSTICE
    Court
    Court of Appeal
    Case number
    CACV13/2000

    The re-amended statement of claim was struck out because it failed to plead facts enabling a tribunal to find the subjective mental element (intent, actual knowledge, or subjective recklessness) required for misfeasance in public office; there was no realistic prospect that the plaintiff could establish the constable had actual awareness that fabricating evidence would in the ordinary course cause the psychiatric injury alleged.