Hong Kong Case Law: Decisions & Judgments

Topic

Medical retirement

Legal area

Court

8 Jul 2008

MAHBUBANI SUJAL v. CATHAY PACIFIC AIRWAYS LTD

Citation

MAHBUBANI SUJAL v. CATHAY PACIFIC AIRWAYS LTD
Court

Court of First Instance
Case number

HCA2220/2005

The Corporate Medical Department reasonably concluded plaintiff did not suffer a permanently disabling condition likely to persist to normal retirement age; that conclusion was open on the medical material and thus Cathay Pacific did not breach any implied contractual duty in declining medical retirement; consequently plaintiff's claims for the agreed pension sum and for retirement travel benefits fail.
10 Feb 2006

CHEUNG HIN KWAN v. COMMISSIONER OF POLICE AND ANOTHER

Citation

CHEUNG HIN KWAN v. COMMISSIONER OF POLICE AND ANOTHER
Court

Court of Appeal
Case number

CACV370/2004

The Court held the Police's decision to defer consideration of medical retirement until after disciplinary proceedings was not Wednesbury unreasonable given the strength and nature of the evidence and convictions of co-accused; the delay, though lengthy, did not render the disciplinary proceedings abusive or prejudicial to the applicant's ability to defend; prejudice to pension entitlement was remediable by the respondents' undertaking to backdate early retirement to the date applicant went on no-pay sick leave; appeal dismissed on that basis.
4 Oct 2004

CHEUNG HIN KWAN v. COMMISSIONER OF POLICE AND ANOTHER

Citation

CHEUNG HIN KWAN v. COMMISSIONER OF POLICE AND ANOTHER
Court

Court of First Instance
Case number

HCAL92/2003

The judicial review was dismissed because no final adverse decision had been taken to challenge; the Secretary lawfully postponed medical retirement determination pending resolution of disciplinary proceedings; there was insufficient medical evidence to establish the applicant's incapacity to participate; the Commissioner had not failed or refused to conclude proceedings and delay was partly due to the applicant's refusal to participate; the proper course is for the disciplinary tribunal to determine fitness and any oppressive conduct or stay application rather than this court making the subs…

Hong Kong Case Law

MAHBUBANI SUJAL v. CATHAY PACIFIC AIRWAYS LTD

CHEUNG HIN KWAN v. COMMISSIONER OF POLICE AND ANOTHER

CHEUNG HIN KWAN v. COMMISSIONER OF POLICE AND ANOTHER