11 Aug 2006
DR. KWOK-HAY KWONG v. THE MEDICAL COUNCIL OF HONG KONG
- Citation
- DR. KWOK-HAY KWONG v. THE MEDICAL COUNCIL OF HONG KONG
- Court
- Court of First Instance
- Case number
- HCAL46/2006
The Court held that the Medical Council failed to justify four specific restrictions as proportionate interferences with freedom of expression and declared that the Code breaches Basic Law Articles 27 and 39 and HKBORO Article 16 insofar as: (1) section 5 bars doctors from providing to the press basic factual information otherwise permitted in other media; (2) Appendix E limits Service Information Notices to five items; (3) paragraph 5 prohibits informing the public about medical developments where a doctor's practice is incidentally promoted; and (4) paragraph 14.1.1 imposes strict liability…