Hong Kong Case Law: Decisions & Judgments

Topic

Specialist registration

Legal area

Court

30 Jun 2023

CHENG WAN KAAI v. HOSPITAL AUTHORITY

Citation

[2023] HKCFI 1698
Court

Court of First Instance
Case number

HCMP1312/2022

Both originating summonses dismissed because Dr Chung was lawfully entitled to practise as a registered medical practitioner despite not being on the Specialist Register; s.28 MRO was misconstrued by the plaintiff; the Letter was disclosed with the plaintiff's consent and in any event the allegations were time‑barred; the alleged telephone publications were unparticularised and unproven; defamation and malicious falsehood not established; costs awarded to defendant.
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.
14 Oct 2011

NG KIN WAI v. THE DENTAL COUNCIL OF HONG KONG

Citation

NG KIN WAI v. THE DENTAL COUNCIL OF HONG KONG
Court

Court of Appeal
Case number

CACV194/2010

Because unprofessional conduct under s.18(2) does not require proof of a particular mental element, the Dental Council was entitled to determine guilt once the facts were established without specific findings as to mental state; an asserted honest mistake did not negate unprofessional conduct where the conduct would be regarded as disgraceful or dishonourable by the profession and there were no reasonable grounds for the claimed belief.
7 Sept 2011

“DR. Z” v. THE EDUCATION AND ACCREDITATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER

Citation

“DR. Z” v. THE EDUCATION AND ACCREDITATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER
Court

Court of First Instance
Case number

HCAL108/2010

The High Court held the Council's s.20O appeal decisions were tainted by apparent bias because members who had participated in the PIC or the s.21 inquiry sat on the appeal panels, creating a real possibility their prior views would affect the appeal; those appeal decisions and the consequential SR removal orders were quashed and remitted for fresh determination by a differently constituted Council. The Court further held the EAC's powers under s.20N extend to suitability/competence and the EAC's recommendations were not ultra vires; s.25(2) does not prevent the EAC or Council from considerin…
25 May 2011

DR. CHAN WAI SHUN v. THE MEDICAL COUNCIL OF HONG KONG

Citation

DR. CHAN WAI SHUN v. THE MEDICAL COUNCIL OF HONG KONG
Court

Court of Appeal
Case number

CACV381/2005

Given the Appellant's paid consultancy role, his knowledge of the connection between MBS and CSSTC, the timing of the interview, and the absence of reliable contemporaneous evidence that he was promised or actually vetted the article, the Court held the Medical Council was entitled to find he permitted or failed to prevent misleading publication and was guilty of professional misconduct; the appeal was dismissed.

Hong Kong Case Law

CHENG WAN KAAI v. HOSPITAL AUTHORITY

DR TSE KIT MING v. THE COLLEGE OF DENTAL SURGEONS OF HONG KONG

NG KIN WAI v. THE DENTAL COUNCIL OF HONG KONG

“DR. Z” v. THE EDUCATION AND ACCREDITATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER

DR. CHAN WAI SHUN v. THE MEDICAL COUNCIL OF HONG KONG