Ho Wai Yee v. The Medical Superintendent of the Pamela Youde Nethersole Eastern Psychiatric Observation Unit and Others

Case No.HCAL 818/2025[2025] HKCFI 1473
Court
High Court CFI
Date08 Apr 2025
Judge
Case Document
100%

HCAL 818/2025

[2025] HKCFI 1473

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 818 of 2025

BETWEEN    
HO WAI YEE Applicant
and
THE MEDICAL SUPERINTENDENT OF THE PAMELA YOUDE NETHERSOLE EASTERN PSYCHIATRIC OBSERVATION UNIT 1st Putative Respondent
THE HOSPITAL AUTHORITY 2nd Putative Respondent
THE MENTAL HEALTH REVIEW TRIBUNAL 3rd Putative Respondent

Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following:

    consideration of the documents only;            or
    consideration of the documents and oral submission by the applicant;

Order by The Honourable Mr Justice Coleman :

1.Leave to apply for judicial review is granted on the papers.

2.The parties are to liaise with a view to proposing jointly agreed directions to lead to a substantive hearing of the application for judicial review. The parties are referred to paragraphs 8-13 of Practice Direction 26.1. 

3.Liberty to apply.

4.All questions of costs are reserved.

Observations:

/

Dated the 8th day of April 2025.

  (Alvin KWOK)
  for Registrar, High Court



Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence




Notes for the Applicant:

If leave has been granted, the Applicant or his solicitors must:

       
a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A);

b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and

c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)).
  Sent/Handed to the Applicant/the Applicant’s solicitors on 8/4/2025
 
Messrs. Benny Kong & Tsai LLP

Solicitors for the Applicant
Ref.: 47154
  ent/Handed to the Respondent/the Respondent’s solicitors / such interested parties as may be directed by the Court / the interested parties’ solicitors on 8/4/2025

THE MEDICAL SUPERINTENDENT OF THE PAMELA YOUDE NETHERSOLE EASTERN PSYCHIATRIC OBSERVATION UNIT
The 1st Putative Respondent
Ref.: Nil

THE HOSPITAL AUTHORITY
The 2nd Putative Respondent
Ref.: Nil

THE MENTAL HEALTH REVIEW TRIBUNAL
The 3rd Putative Respondent
Ref.: Nil
 


Form CALL-1