Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Lay representation

  • 21 Nov 2019

    LUCKY FORCE DEVELOPMENT LTD 對 蔡漢群

    Citation
    [2019] HKDC 1548
    Court
    District Court
    Case number
    DCCJ3759/2016

    The application was dismissed because established authorities require that only qualified lawyers may represent litigants and conduct examination; the defendant's stated difficulties did not amount to lack of capacity justifying appointment of a guardian ad litem or allowing a lay person to act as counsel, and the court refused to permit a non‑lawyer to speak for or cross‑examine on behalf of the defendant. The application was also procedurally defective though the court considered it on its merits; costs were ordered against the defendant.

  • 28 Jun 2018

    黃瑜梅 對 NG KEUNG FAI

    Citation
    [2018] HKDC 755
    Court
    District Court
    Case number
    DCCJ2319/2016

    The defendant's application was procedurally defective and beyond the court's jurisdiction because appeals against the magistrate's damages assessment must be pursued in the appellate court and only after obtaining leave under Order 58(2)(4); furthermore the attempted lay representation was not permitted so the defendant was treated as absent; therefore the court set aside the defendant's summons and ordered costs.

  • 13 Nov 2012

    SURYANI v. CHAN TUNG CHI

    Citation
    SURYANI v. CHAN TUNG CHI
    Court
    Court of First Instance
    Case number
    HCLA3/2012

    Although the Presiding Officer applied an incorrect restrictive formulation of the test from O'Toole, on fresh exercise of the discretion the court concluded that preserving a level playing field and the claimant's demonstrated ability to present her case (with interpreter and lay assistance available) outweighed the claimant's asserted vulnerabilities; accordingly leave for Mr Baker, a legally trained lay person, to represent the claimant in the Labour Tribunal was refused and the appeal was dismissed.