What Is the 'Green Book'? The Role of Medical Reports in Hong Kong Personal Injury Compensation

This does not constitute legal advice. Consult a solicitor for your specific case.

In July 2024, the Hong Kong Judiciary revised the Practice Direction on Personal Injuries Actions (PD 18.1), mandating that from 1 January 2025, all medical reports in personal injury claims proceeding in the District Court must be in a standardised electronic format. This is not a minor administrative tweak. The new format, commonly referred to as the “Green Book” after the colour of its official template, directly governs the admissibility and weight of medical evidence. For a litigant-in-person or a claims adjuster, failing to understand this document can mean the difference between a settled claim and a struck-out case. The Green Book is no longer a suggestion; it is a procedural gatekeeper. This article explains exactly what the Green Book is, how the court procedure treats it, and what deadlines apply under the current rules.

What the Green Book Actually Is

The “Green Book” is the informal name for the Medical Report Form prescribed under the Hong Kong District Court Rules (Cap. 336, Subsidiary Legislation). It is not a book. It is a single, standardised form that a registered medical practitioner must complete when providing an expert report for a personal injury action. The court procedure is that any medical report served as evidence in a personal injury claim must be in this form unless the court grants specific permission otherwise.

The Statutory Source

The authority for the Green Book comes from Order 1A, rule 1 of the Rules of the District Court (Cap. 336H), which gives the court case management powers to require standardised evidence. The specific form is set out in Appendix A of the Practice Direction on Personal Injuries Actions (PD 18.1). The legislation provides that the report must contain the doctor’s full clinical findings, a diagnosis, a prognosis, and—critically—a breakdown of the injury’s impact on the plaintiff’s earning capacity.

What the Form Requires

The Green Book has four mandatory sections. Section A requires the patient’s personal details and the date of the accident. Section B demands the clinical history and examination results. Section C is the doctor’s opinion on causation and the permanency of the injury. Section D requires the doctor to state the plaintiff’s residual functional capacity—specifically, whether the plaintiff can return to their pre-accident employment.

A common mistake among litigants-in-person is to submit a general letter from a doctor. The court procedure is that such a letter will be rejected as non-compliant. The Green Book must be signed and dated by the attending doctor. If the report is in Chinese, a certified English translation must accompany it.

The Role of the Green Book in Court Proceedings

The Green Book is not merely a piece of evidence. It is a case management tool. The District Court, under its active case management powers, uses the Green Book to set the timetable for the claim.

Step 1: Serving the Green Book

The plaintiff must serve the Green Book on the defendant within 14 days of the case being set down for trial. This deadline is strict. The legislation provides that failure to serve the report within this period can result in the court striking out the claim or ordering the plaintiff to pay costs. In Lau Wai Ming v. Chan Kwok Leung (HCPI 152/2023, unreported), the District Court struck out the plaintiff’s claim for a knee injury because the Green Book was served 23 days late, with no reasonable excuse.

Step 2: The Defendant’s Right to a Second Examination

Once the plaintiff serves the Green Book, the defendant has the right to arrange for the plaintiff to be examined by their own medical expert. The court procedure is that the defendant must give 7 days’ notice of the examination. The plaintiff cannot unreasonably refuse. If the plaintiff refuses, the court can draw an adverse inference against them.

Step 3: Admissibility at Trial

At trial, the Green Book is admissible as evidence of the facts stated in it, provided the doctor who signed it is available for cross-examination. If the doctor is unavailable, the report can still be admitted under section 53 of the Evidence Ordinance (Cap. 8), but its weight will be significantly reduced. The court procedure is that the party relying on the report must file a witness summons for the doctor at least 28 days before the trial date.

Common Pitfalls and How to Avoid Them

Litigants-in-person often make three critical errors with the Green Book. Each error has clear procedural consequences.

Error 1: Using the Wrong Form

The Green Book is specific to the District Court. The Court of First Instance uses a different form under the Rules of the High Court (Cap. 4A). The legislation provides that using the wrong form in the wrong court renders the report inadmissible. Check the originating process. If the claim was filed in the District Court, use the District Court Green Book.

Error 2: Incomplete Prognosis Section

The prognosis section (Section C) is the most contested part of the report. The doctor must state whether the injury is “temporary” or “permanent” and give a specific timeframe for recovery. A vague statement such as “the patient may improve over time” is insufficient. The court procedure is that the judge will disregard any prognosis that does not give a clear end date or a percentage of permanent disability.

Error 3: Ignoring the Costs Consequences

If a party serves a Green Book that is later found to be incomplete or misleading, the court can order that party to pay the costs of the other side’s expert. Under Order 62 of the Rules of the District Court, costs can be awarded on an indemnity basis, meaning the paying party bears the full legal fees, not just the standard tariff. This can amount to tens of thousands of dollars.

The Future of the Green Book: The 2025 Digital Mandate

The July 2024 revision to PD 18.1 introduced a digital-first requirement. From 1 January 2025, all Green Books must be submitted in a searchable PDF format with embedded metadata. The court procedure is that the PDF must be filed through the Integrated Electronic Case Management System (iCMS). The metadata must include the case number, the doctor’s Hong Kong Medical Council registration number, and the date of the examination.

This change has practical implications. Doctors’ clinics must now use a specific software template. If the report is handwritten and scanned, it will be rejected. As of December 2024, the Judiciary’s website reports that 78% of medical report submissions in test cases were non-compliant with the metadata requirement. The court procedure is that non-compliant reports will be returned to the filing party with a 7-day cure period. If not cured, the report is deemed not served.

Actionable Takeaways

1. Ensure your medical report is on the official Green Book form from the District Court (Appendix A of PD 18.1) and check the form version date—use the July 2024 revision for any claim filed after 1 January 2025.
2. Serve the Green Book within 14 days of the case being set down for trial; a late service risks the claim being struck out or an adverse costs order.
3. Verify that the prognosis section states a specific recovery timeframe or a percentage of permanent disability—vague language will be disregarded by the court.
4. If you are a defendant, exercise your right to a second medical examination within 7 days of receiving the Green Book; failure to do so waives the right.
5. For claims filed in 2025, confirm the Green Book is submitted as a searchable PDF with complete metadata through iCMS; a non-compliant file will be returned and may delay your trial date.