Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Medical certificate

  • 4 Jun 2025

    林鵬飛 對 陳偉明

    Citation
    [2025] HKCFI 2726
    Court
    Court of First Instance
    Case number
    HCA1458/2017

    Adjournment was refused because the defendant failed to produce sufficient contemporaneous medical evidence demonstrating incapacity to attend; he had been properly served and there was evidence he was not in hospital; refusal was proportionate given prejudice to plaintiff, and therefore the adjournment application was dismissed and the defendant's counterclaim withdrawn with costs to the plaintiff.

  • 1 Dec 1983

    THE QUEEN v. CHAN WAI-MAN

    Citation
    THE QUEEN v. CHAN WAI-MAN
    Court
    Court of Appeal
    Case number
    CACC1244/1983

    The estreating of the bail was unjustified because the trial judge rejected the medical certificate and the solicitor's statement without first obtaining confirmation from the treating doctor; the court must protect the liberty of the subject and, absent clear contrary evidence, should verify with the doctor before forcing attendance or estreathing bail, therefore the order estreating bail was set aside and the appeal allowed with costs.