1 Dec 2021
CHAIRMAN AND DEPUTY CHAIRMAN OF THE PRELIMINARY INVESTIGATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG v. HOSPITAL AUTHORITY
- Citation
- [2021] HKCA 1793
- Court
- Court of Appeal
- Case number
- CACV184/2018
The Chairman does not have a statutory or implied common law power to compel the Hospital Authority to produce patient records at the preliminary screening stage; section 40(1) IGCO and common law implication do not support coercive powers for a limited screening role, and the statutory scheme (including express compulsion power for inquiry panels) demonstrates compulsion was intended to be reserved to later stages. Accordingly the mandatory injunction was refused and the appeals dismissed.