18 Jan 2000
CHAN SAI LUN HENRY v. CHAN WAI WAH AND ANOTHER
- Citation
- CHAN SAI LUN HENRY v. CHAN WAI WAH AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV143/1998
The debarring Order was set aside because it lacked jurisdictional and evidential foundation: the Mental Health Act 1983 no longer applied, the Mental Health Ordinance procedures required for declaring mental incapacity were not followed, Order 80 cannot be used independently of those procedures, and the statutory route for barring litigants (HCO s27) was not invoked; accordingly the debarment and the dependent striking-out Order were unlawful and must be set aside; stay applications were refused on their merits.