Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Infectious disease transmission
  • 21 Dec 2007

    LUK MARY v. HONG KONG BAPTIST HOSPITAL

    Citation
    LUK MARY v. HONG KONG BAPTIST HOSPITAL
    Court
    Court of First Instance
    Case number
    HCPI151/2006

    On the pleaded facts it was arguable that the hospital, as facility provider, owed a duty to inform discharged patients of the presence of an infectious disease and of precautions to prevent spread to members of the patient’s immediate family; it was also arguable that that duty could extend to the plaintiff (the patient’s sister) given local concepts of family and the pleaded proximity of contact. The claim was not a plain and obvious no‑cause‑of‑action and thus the strike out application must fail.