Hong Kong Case Law

劉華 對 香港醫務委員會

Court

Court of First Instance

Case number

HCAL2361/2020

Permission was granted because it was reasonably arguable that the Committee's decision was irrational/unreasonable and/or unfair: the key experts relied on a TEE report without having inspected the primary TEE images, giving rise to a reasonably arguable failure to verify foundational evidence and to a reasonably arguable breach of experts' duties; accordingly the decision not to refer for inquiry and to terminate disciplinary action was open to judicial review.

Source excerpt

• Expert evidence
• Reasonableness/irrationality
• Procedural fairness
• Duty of experts
• Res judicata/abuse of process

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DR LEUNG KA LAU v. THE MEDICAL COUNCIL OF HONG KONG

Court

Court of Final Appeal

Case number

FAMV109/2025

Leave to appeal was granted on constitutional questions about whether the Medical Council’s advertising rules unlawfully restricted doctors’ speech and public access to fee information.

• Freedom of expression
• Right to receive information
• Advertising restrictions for medical practitioners
• Code of professional conduct §5.2.1.2(d)
• Proportionality
• Disciplinary sanction

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TAM KAM TONG v. THE LAW SOCIETY OF HONG KONG

Court

Court of First Instance

Case number

HCMP736/2025

The Court of First Instance remitted a legal practitioner’s appeal to the Law Society for reconsideration after new relevant matters emerged, with costs reserved.

• Practising certificate conditions
• Remittal for reconsideration
• Admission of new evidence
• Statutory appeal under legal practitioners ordinance
• Practising-certificate-conditions
• Remittal-for-reconsideration

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LEE CHIU TONG v. HK MEDICAL COUNCIL [Decision on Leave Application]

Court

Court of First Instance

Case number

HCAL87/2015

The Court of First Instance dismissed the applicant’s leave application for judicial review and made no order as to costs.

• Leave to apply for judicial review
• Costs
• Court directions
• Service and timelines under order 53
• Judicial-review
• Leave-to-apply

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RE MR TIMOTHY WYNN OWEN KC

Court

Court of First Instance

Case number

HCMP1213/2025

The Court of First Instance refused Mr Timothy Wynn Owen KC’s ad hoc admission for a renewed leave-to-appeal hearing, finding the issues were not unusually complex and did not justify overseas counsel.

• Ad hoc admission of overseas counsel
• Restraint orders
• Disclosure orders
• Leave to appeal
• Over-restraint
• Costs of admission proceedings

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BUTT TZE LEUNG v. THE HONG KONG POLYTECHNIC UNIVERSITY, the body corporate having management and control of THE OPTOMETRY CLINIC AT THE HONG KONG POLYTECHNIC UNIVERSITY AND OTHERS

Court

Court of First Instance

Case number

HCPI726/2018

Interlocutory medical-negligence ruling on verification, interrogatories and amendment of pleadings. The court ordered limited verification relief, allowed only selected interrogatories, and trimmed amendments beyond leave.

• Statement of truth/verification
• Interrogatories
• Amendment of pleadings/retrospective leave
• Striking out pleadings
• Vicarious liability
• Costs

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HKSAR v. LAU WAI YEE MONITA

Court

Court of Appeal

Case number

CACC168/2023

The Court of Appeal allowed the appellant’s challenge to a misconduct in public office conviction, holding the proven disclosure and retainer did not meet the criminal seriousness threshold.

• Misconduct in public office
• Confidentiality and data protection
• Reasonable excuse/justification
• Causation and mens rea
• Seriousness threshold for criminality
• Misconduct-in-public-office

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DR LEUNG KA LAU v. THE MEDICAL COUNCIL OF HONG KONG

Court

Court of Appeal

Case number

CACV63/2023

The Court of Appeal upheld a Medical Council reprimand over clinic ads offering discounted medical service fees, holding the promotion breached the Code and was proportionate.

• Medical advertising
• Freedom of expression
• Proportionality
• Misconduct in a professional respect
• Code of professional conduct
• Medical-advertising

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HKSAR v. CHAN WONG AND ANOTHER

Court

Court of First Instance

Case number

HCMA314/2022

The Court of First Instance dismissed appeals against convictions for unlawful dentistry and aiding and abetting, upholding the magistrate’s credibility findings and sentences.

• Unlawful practice of dentistry
• Aiding and abetting
• Credibility assessment
• Electronic communications evidence (whatsapp)
• Contemporaneous medical records
• Unlawful-practice-of-dentistry

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DR CHUNG HO YIN ANDREWS v. THE MEDICAL COUNCIL OF HONG KONG

Court

Court of Appeal

Case number

CACV270/2021

The Court of Appeal allowed Dr Chung’s appeal, quashing Medical Council findings that his interview comments lacked a sufficient factual basis and setting aside the reprimand.

• Disciplinary sanctions
• Sufficient factual basis for allegations
• Defensive (protective) medicine
• Proportionality test for restrictions on expression
• Tribunal fact‑finding and deference
• Medical-professional-discipline

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