Date:  17 October 2026 (Saturday)  Time: 9:45am-1pm   Language: English  Level: Elementary

Speaker:         Dr. Rita Cheung, MCAL Solicitors LLP

Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts: 3     Fee: HK$1,800

Highlight:

This seminar will discuss the impact of the Montgomery test (a negligent non-disclosure of risks involved in natural birth) on medical law in Hong Kong.

1                  Cases

  • McCulloch v Forth Valley [2023] UKSC 26 (first risk disclosure case after Montgomery)
  • Montgomery v Lanarkshire Health Board [2015] UKSC 11, [2015] AC 1430 (duty to disclose (1) material risks in recommended treatment and (2) any reasonable alternative)
  • Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 (professional-practice test)
  • Leung Kai Chun v Hospital Authority [2024] HKCFI 691, [2024] 2 HKLRD 375 (on expert evidence)
  • Liu Hua v Lau Chu Pak (Dr) [2023] HKCA 262, [2023] 5 HKLRD 425 (on discovery)
  • Dr U v The Preliminary Investigation Committee of the Medical Council of Hong Kong [2019] HKCFA 6
  • Chan Siu Yim v. Dr Cheung Sheung Kin also known as Dr Samuel Kinneth Cheung (DCPI 2358/2013) (applying the Montgomery test)

2                  Gross negligence manslaughter or negligence?

HKSAR v Mak Wan Ling [2022] HKCA 387 (Dr Group)

HKSAR v Kwan Hau Chi, Vanessa [2023] HKCA 662 ()

3                  Pleadings, statement of damages in personal injuries claim 

 

 

 

 

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Rita Cheung

Dr. Rita Cheung L.L.B., P.C.L.L. (HKU); L.L.M, Ph.D. (King’s College Lond.). She obtained her Ph.D. in Law on the topic of minority shareholders’ rights from King’s College London. She was called to the Bar in 2006, and taught Law upon obtaining her doctorate degree. She writes in the field of company law in refereed journals including Cambridge Law Journal, Lloyd’s Maritime and Commercial Law Quarterly, and Journal of Business Law. She has been regularly invited to speak at international conferences on money laundering and corporate crime. She is a member of the editorial board of the Journal of Financial Crime.