7 Sept 2011
“DR. X” v. THE EDUCATION AND ACCREDITATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER
- Citation
- “DR. X” v. THE EDUCATION AND ACCREDITATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL106/2010
The s.20O appeal decisions of the Council were vitiated by apparent bias because multiple panel members had participated in the PIC or the s.21 inquiry and thus there was a real possibility their prior views affected the appeal; accordingly those appeal decisions and the consequential SR removal orders were quashed and remitted for rehearing before a differently constituted Council. The EAC has jurisdiction under s.20N to consider suitability including competence and its recommendations were not in principle ultra vires or automatically barred by s.21 or s.25(2); issues of proportionality and…