Dr Alice Li Miu Ling v. The Hong Kong Polytechnic University

DCEO1/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EQUAL OPPORTUNITIES ACTION NO. 1 OF 2004

BETWEEN

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Coram: Acting Chief District Judge S T Poon, in Chambers (Open to Public)

Date of Hearing: 21 December 2011

Date of Delivery of Decision: 21 December 2011

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RULING

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1.The defendant seeks to adduce psychiatrist expert’s opinion to prove that the plaintiff has suffered from some kind of mental illness at the time of the alleged incidents. The value of the expert’s evidence is, in other words, with a view to attacking the credibility of the plaintiff.

2.The issue in this matter is mainly on factual disputes, whether something had happened or not, whether something had been said or not.  In my view, it would be the duty of the court to assess mainly on inherent probability in resolving the factual disputes.  The expert’s opinion can be of little assistance, if any. 

3.This matter was started as early as in year 2004 and allowed to be dragged on and expanded to an extent, in my view, quite unreasonable.  I would not allow it to be delayed any further without overwhelming reasons.  To allow the expert evidence to be adduced means that there would be examination on Dr Li to be conducted by the experts and hence further substantial delay.  Besides, the costs incurred for the exercise would be grossly disproportionate to its probative value, again if any. 

4.Hence, the defendant’s application is dismissed.

5.I order that the costs of the plaintiff be in the cause. 

Plaintiff, in person

Mr Alexander Stock, instructed by Messrs Mayer Brown JSM, for the Defendant