劉華 訴 香港醫務委員會

劉華 訴 香港醫務委員會

The application for leave to appeal to the Court of Final Appeal is refused because the applicant failed to demonstrate any question of general or public importance under CFAO s22(1)(b), the High Court Ordinance s14AA is inapplicable, the issues raised were previously considered and rejected on appeal, and no breach...

Source-derived case information.

Citation
[2022] HKCA 1377
Parties
Applicant: 劉華; Proposed Respondent: 香港醫務委員會
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
21 September 2022
Case Number
CACV152/2020
Procedural Posture
Judicial Review Appeal Relating to Professional Disciplinary Decision / Application for Leave to Appeal to the Court of Final Appeal (leave Application)
Outcome
Application for leave to appeal to the Court of Final Appeal refused; motion dismissed; costs awarded to proposed respondent
Legal Topics
Leave to Appeal, Natural Justice, Standard of Review, Evidence and Expert Reports, Procedural Fairness, Scope of Appeal
Source Language
ch
Administrative Law Judicial Review Professional Discipline Constitutional Law Civil Procedure Leave to Appeal Natural Justice Standard of Review +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

劉華

Applicant

香港醫務委員會

Proposed Respondent

Procedural Posture

Judicial Review Appeal Relating to Professional Disciplinary Decision / Application for Leave to Appeal to the Court of Final Appeal (leave Application)

Legal Issues

  1. 1 Whether the applicant required leave to appeal to the Court of Final Appeal and the applicability of High Court Ordinance s14AA
  2. 2 Whether the issues raised are of general or public importance under Court of Final Appeal Ordinance s22(1)(b)
  3. 3 Whether the Investigatory Committee/Medical Council breached principles of natural justice or made findings perverse or unsupported by evidence by relying on an expert report and not obtaining certain evidence

Ratio Decidendi

The application for leave to appeal to the Court of Final Appeal is refused because the applicant failed to demonstrate any question of general or public importance under CFAO s22(1)(b), the High Court Ordinance s14AA is inapplicable, the issues raised were previously considered and rejected on appeal, and no breach of natural justice or perverse error in the Medical Council's decision was shown.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; motion dismissed; costs awarded to proposed respondent

Orders

  • Leave to appeal to the Court of Final Appeal refused
  • Applicant's motion dismissed and motion for leave withdrawn