26 Nov 2012
“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 Appeal
- Case number
- CACV209/2011
Court held that (a) in Dr X's case removal from the GR made removal from the SR inevitable under the statutory scheme so the s.20O appeal and s.19B(2) decision involved no real discretion and therefore overlapping membership did not create apparent bias — Council's appeal allowed and judicial review dismissed; (b) in Dr Y's case the EAC's recommendation was based on competence while the Council hearing the s.20O appeal included members who had taken part in PIC or s.21 inquiry, and because it was factually possible to convene an untainted Council the necessity doctrine did not apply — apparen…