Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory duty (osco ss25/25a)
  • 18 May 2017

    CHAN SHU CHUN AND ANOTHER v. DR KUNG YAN SUM AND OTHERS

    Citation
    CHAN SHU CHUN AND ANOTHER v. DR KUNG YAN SUM AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA832/2014

    The court held it was plain and obvious that OSCO (ss25/25A) was enacted to protect the public at large and does not, by its terms or legislative history, create a private civil cause of action for mere breach of its reporting provisions; further, on the pleaded facts there was no sufficient proximity or assumption of responsibility to impose a common law duty of care by the 4th defendant to these non-clients. Accordingly the ASoC against the 4th defendant disclosed no reasonable cause of action and was struck out; the Order 14A question was answered in the negative. However leave to re-amend…