Hong Kong Case Law: Decisions & Judgments

Topic

Medical examination

Legal area

Court

4 Mar 2026

陳嘉琪對嘉頓有限公司

Citation

[2026] HKDC 343
Court

District Court
Case number

DCEC864/2019

Relief from the penalty clause is refused because the applicant failed to provide any adequate explanation for non‑compliance with the unless order, her conduct indicates deliberate or culpable refusal to attend the medical examination and to disclose requested medical records, the respondent suffered real prejudice and wasted costs and time, and case management and fairness to the respondent require enforcement of the unless order and the costs order.
4 Dec 2025

ALI HASHAM v. BM HUMAN RESOURCES & CONSTRUCTIONS LTD

Citation

[2025] HKDC 2035
Court

District Court
Case number

DCEC914/2024

The court held that the respondent's s.16 argument was improperly raised after liability had been determined and, on the evidence, the respondent failed to satisfy statutory requirements of s.16 (no specific time/place/doctor notified), so the applicant's right was not extinguished; the respondent's challenge to the certified sick leave was time-barred by s.18 and in any event the employer failed to rebut the presumption under s.10(2); therefore the Form 7 figures were accepted and compensation was assessed accordingly.
8 Jan 2025

MD MOHAMMAD RIAZ alias BASHIR AHMED alias CHAUDHRY MUBSHAR AHMED alias RIAZ MUHAMMAD alias AHMAD NABEEL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCA 45
Court

Court of Appeal
Case number

CACV163/2023

Leave to appeal was refused because the applicant failed to show reasonable prospects of success on the intended grounds: a medical examination conducted under the Istanbul Protocol would not likely have produced evidence material to the central factual issue (whether the applicant was or was perceived to be an Ahmadi/convert), the Board had considered existing medical evidence demonstrating fitness to participate in proceedings, and there is no legal obligation to order the further medico-legal examination sought; accordingly the questions posed are not fit for submission to the Court of Fin…
5 Jun 2024

MD MOHAMMAD RIAZ alias BASHIR AHMED alias CHAUDHRY MUBSHAR AHMED alias RIAZ MUHAMMAD alias AHMAD NABEEL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCA 517
Court

Court of Appeal
Case number

CACV163/2023

The appeal is dismissed because the Judge correctly concluded there was no realistic prospect of success: the Board lawfully exercised its discretion under s37ZC in refusing a medical examination in accordance with the Istanbul Protocol, the refusal did not cause prejudice given the Board’s primary rejection that the applicant was an Ahmadi and pervasive credibility inconsistencies, and credibility and factual assessments fall within the Board’s province absent legal or procedural error.
27 May 2020

LEUNG KA WAI v. KAWIN INTERIOR CONTRACTING CO., LTD

Citation

[2020] HKDC 437
Court

District Court
Case number

DCEC2238/2019

The summons for a split trial was granted because the respondent produced documentary evidence showing contracts between it and the applicant's partnership (TNK) supporting good prospects of success on liability, the applicant produced no evidence to rebut employment status, and separating liability from quantum would save costs and avoid duplication given uncertainty over the applicant's fitness for medical examination and likely delay.
2 Jan 2001

Yu Yau Choi v. Ming Sang (HK) Engineering Ltd.

Citation

Yu Yau Choi v. Ming Sang (HK) Engineering Ltd.
Court

District Court
Case number

DCEC833/2000

The court held that on the facts the applicant was entitled to periodical payments under s10(2) based on government sick notes; the appropriate earnings basis was HK$533 per day (HK$13,858 per month) and four-fifths of that (HK$11,086.40 per month) was ordered from the date of injury until expiry of the sick notes on 14 February 2001, with credit for amounts already paid. Because the order places the applicant in receipt of periodical payments the respondent's summons for medical examination under s16 was granted and the applicant was ordered to submit to it.
27 Sept 2000

HO YING WAI v. KELISTON MARINE (FAR EAST) LTD. AND ANOTHER

Citation

HO YING WAI v. KELISTON MARINE (FAR EAST) LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCPI852/1999

The court determined that specialised radiological issues (detectability of blebs on chest X-ray, utility of high resolution thoracic CT and what should be communicated to radiologists) raise questions requiring expert radiologist evidence; accordingly the plaintiff and the 2nd defendant were granted leave to exchange consultant radiologist reports within 60 days to resolve those specialised factual and clinical matters.
7 May 1991

THE QUEEN v. HUI YAU TSEN

Citation

THE QUEEN v. HUI YAU TSEN
Court

Court of Appeal
Case number

CACC23/1991

The described acts satisfied the elements of an assault inherently indecent; absent any lawful explanation from the defendant and given the victim’s credible evidence, the judge was entitled to convict without expert evidence because the touching was not shown to be necessary for medical treatment and intent could be inferred.