18 Sept 2020
DR TSE KIT MING v. THE COLLEGE OF DENTAL SURGEONS OF HONG KONG
- Citation
- [2020] HKCFI 2453
- Court
- Court of First Instance
- Case number
- HCA2856/2016
The court granted declarations that the Dental Council is the sole statutory body authorized to take disciplinary action in respect of the plagiarism charge and that the College lacks jurisdiction to discipline the plaintiff for that charge; the College's purported exercise of powers under Article 14 in the circumstances was Wednesbury unreasonable and unlawful in public law terms; the action was not premature; the court declined to hold Article 14 itself ultra vires HKAMO or in breach of natural justice or Basic Law Articles 35 and 38.