Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Medical board
  • 9 Mar 2018

    LI CHI SUM v. DIRECTOR OF FIRE SERVICES

    Citation
    [2018] HKCFI 498
    Court
    Court of First Instance
    Case number
    HCAL89/2015

    The Presiding Officer's refusal to adjourn for a medical board was unlawful and an arbitrary fettering of discretion (the witness signature requirement was not mandated and the Presiding Officer improperly pre-empted medical assessment); accordingly the guilty findings and dismissal without retirement benefits were quashed and a medical board must be convened; other challenges (proceeding in absentia, lack of legal representation, absence of medical advice prior to institution) were dismissed as the Presiding Officer was entitled to proceed under the Absentia Hearing Guidelines and the FSD ha…