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11 judgments found.


Ubamaka Edward Wilson v. Secretary for Security and Another

Country: China
Year: 2012
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACV No. 15 of 2011
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

In 1991, the appellant, a Nigerian national, was arrested at the Hong Kong airport for drug trafficking, and subsequently sentenced to 24 years imprisonment. During this time, he applied several times to the Hong Kong and UK governments to be allowed to serve his sentence in Nigeria.  However, in 1998 he desisted after becoming aware …Read more

Tags: Cruel and treatment, Cruel and unusual punishment, Degrading treatment, Immigrants, Immigration, Imprisonment, Inhuman treatment, Torture
Download Judgment: English

Dr. Chau Kwok on Gordon and Others v. The Medical Council of Hong Kong

Country: China
Year: 2011
Court: Court of Appeal
Citation: [2011] HKCA 44; CACV 63/2006
Health Topics: Health information
Human Rights: Freedom of expression
Facts:

A group of doctors appealed from a decision by a Medical Council of Hong Kong finding them guilty of  failing to ensure that a reference made to the doctors in a magazine article was not promotional, contrary to the Professional Code and Conduct for the Guidance of Registered Medical Practitioners (”Professional Code”). In 2003, a …Read more

Tags: Advertising, Awareness, Disclosure, Freedom of information, Health care professionals, Health education, Health promotion
Download Judgment: English

Hin Lin Yee and Another v. Hksar

Country: China
Year: 2010
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACC No. 7 of 2009
Health Topics: Medical malpractice, Medicines
Facts:

The First Appellant was a medical practitioner who, on four separate occasions, prescribed medicine that was unfit for human use as it had been contaminated with isopropyl alcohol. The Second Appellant (the First Appellant’s assistant) had, on one of those occasions, finalized the prescription of the medicine and transferred it to the patient for payment. …Read more

Tags: Drug quality, Drug safety, Duty of care, Health care professionals, Health care workers, Inappropriate treatment, Negligence, Standard of care
Download Judgment: English

HKSAR v Asaduzza

Country: China
Year: 2010
Court: Hong Kong Special Administrative Region Court of Appeal
Citation: [2010] HKCFI 431
Health Topics: Diet and nutrition, Infectious diseases, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to property
Facts:

The appellant, Asaduzzaman, was charged with contravening s.30AA of the Food Business Regulation, Cap. 132, which prohibits a permittee of a fresh provision shop license from allowing live poultry on the premises between 8:00PM of each day to 5:00AM the next day. On the evening of 4 September 2008, Asaduzzaman took four live chickens from …Read more

Tags: Avian influenza, Cleanliness, Food, Food safety, Food-borne diseases, Safety regulation
Download Judgment: English

Claimants v Fonterra Brands (China) Limited

Country: China
Year: 2010
Court: The Small Claims Tribunal, Hong Kong Special Administrative Region
Citation: SCTC15980/10; SCTC15981/10; SCTC15982/10; SCTC15983/10
Health Topics: Child and adolescent health, Diet and nutrition
Human Rights: Right of access to information, Right to bodily integrity, Right to food
Facts:

The claimants, residents of Mainland China, were parents and their children who suffered physical injuries from consuming contaminated dairy products. The claimants sought monetary compensation from the defendant, from whom they had purchased the contaminated products. The defendant is a 43% material shareholder of Sanlu Group, the manufacturer and distributor of the products. The claimants …Read more

Tags: Child and adolescent health: Child development, Children, Compensation, Diet and nutrition: Food safety, Duty of care, Infant health, Minor, Negligence, Remedies, Tort
Download Judgment: English

People’s Procuratorate of Taizhou City, Jiangsu Province v. Wang Guiping [江苏省泰州市人民检察院诉王桂平]

Country: China
Year: 2008
Court: High People's Court of Jiangsu Province
Health Topics: Medicines, Public safety
Facts:

The defendant appealed a decision from the Intermediate People’s Court of Taizhou City, Jiangsu Province (the “Intermediate Court”) finding him guilty of: (1) endangering public security by dangerous means; (2) selling counterfeit or fake products; and (3) falsely declaring registered capital. In 2005, the defendant used a counterfeited business license to develop a relationship with …Read more

Tags: Drug quality, Drug safety, Drug testing, Manufacturing, Safety regulation, Spurious medicines
Download Judgment: English Chinese

Dr. Kwok-Hay Kwong v. Medical Council of Hong Kong

Country: China
Year: 2008
Court: Court of Appeal
Citation: [2008] HKCA 23
Health Topics: Health information
Human Rights: Freedom of expression, Right of access to information
Facts:

K, a medical practitioner, sought judicial review proceedings to challenge the Medical Counsel of Hong Kong (‘the MC’)’s decision that certain restrictions relating to practice promotion (or advertising) contained in the Professional Code and Conduct for the Guidance of Registered Medical Practitioners (‘the Code’) were justified. K argued that these restrictions were contrary to the …Read more

Tags: Advertising, Awareness, Health care professionals, Health care workers, Health education, Health promotion
Download Judgment: English

Clean Air Foundation LTD and Another v. The Government of the HKSAR

Country: China
Year: 2007
Court: Hong Kong Special Administrative Region Court of First Instance
Citation: [2007] HKCFI 757; HCAL 35/2007
Health Topics: Environmental health, Public safety
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

The applicants were a group that advocates for improvement of Hong Kong’s air quality. They alleged that the Hong Kong government did not enact adequate legislation or effective policy to combat air pollution and that this failure was a breach of the government’s legal duty to ensure the right to life and the right to …Read more

Tags: Air pollution, Air safety, Contamination, Environmental degradation, Environmental hazards, Harm reduction, Pollution
Download Judgment: English

KZM v. Shanghai Institute of Biological Products [KZM诉上海生物制品研究所人身损害赔偿案]

Country: China
Year: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: (2004) Hu-Zhongmin-Min zhongzi (No.1457)
Health Topics: Health systems and financing, HIV/AIDS, Infectious diseases
Human Rights: Right to social security
Facts:

Appellant, KZM, was a patient with hemophilia A who became infected with HIV and hepatitis C. Appellant brought action against Shanghai Institute of Biological Products for causing the infection of HIV/AIDS from the medical product in which he was injected. The Shanghai Chang Ning District People’s Court found against the plaintiff in civil verdict No. 1984). …Read more

Tags: Antiretrovirals, ARVs, Blood transfusion, Health expenditures, Health insurance, Health regulation, HIV, HIV positive, People living with HIV/AIDS, PLHIV, Social security
Download Judgment: English Chinese

Wu Zhongze, et al. v. Shanghai Institute of Biological Products [WZZ等诉上海生物制品研究所人身损害赔偿案]

Country: China
Year: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: No. 127
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medical malpractice
Facts:

This case was an appeal to the Shanghai First Intermediate People’s Court by the parents of Wu Pengtao, a young boy who died in 2000 from AIDS. Wu Pengtao had contracted HIV/AIDS and Hepatitis C sometime prior to 1998 from allegedly tainted human coagulation factor VIII concentrates, which were used to treat his haemophilia A. …Read more

Tags: AIDS, Blood transfusion, Child mortality, Children, Compensation, Damages, Hepatitis, HIV, HIV positive, HIV status, Inadequate treatment, Minor, Negligence, Noncommunicable diseases, Pediatric health, People living with HIV/AIDS, PLHIV, Remedies, Standard of care, Tort, Transmission
Download Judgment: English Chinese

Zheng Xuefeng and Chen Guoqing v . People’ s Hospital of Jiangsu Province [郑雪峰、陈国青诉江苏省人民医院医疗服务合同纠纷案)]

Country: China
Year: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Emergency care, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Inappropriate treatment, Infertility, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Public hospitals, Remedies, Unauthorized treatment
Download Judgment: English Chinese
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