Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 9 Jan 1995

    RE HOSPITAL AUTHORITY

    Citation
    RE HOSPITAL AUTHORITY
    Court
    Court of First Instance
    Case number
    HCMP2079/1994

    The coroner misdirected the jury by conflating the narrow coronial concept of 'lack of care' (neglect) with ordinary civil negligence; there was no evidence, as a matter of law, amounting to 'lack of care' in the coronial sense nor a clear causal link to the baby's death; accordingly a declaration was granted and certiorari issued to expunge the words 'aggravated by lack of care' from the inquisition, without ordering a new inquiry.