26 Nov 2012
“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 Appeal
- Case number
- CACV205/2011
The Court held that (a) in Dr X's case the Council's decisions were not vitiated by apparent bias because removal from the General Register made removal from the Specialist Register legally inevitable and the s.20O appeal was a review of the EAC decision on the materials before it at the time (no scope for prior involvement to influence a discretionary judgment that did not exist); (b) in Dr Y's case four Council members were tainted by apparent bias and necessity did not apply because it was factually possible to constitute an untainted quorum, so the Council's s.20O and related SR decisions…