26 Nov 2012
“DR. Y” v. THE EDUCATION AND ACCREDITATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER
- Citation
- “DR. Y” v. THE EDUCATION AND ACCREDITATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV206/2011
Held that (1) as a matter of statutory construction and facts removal from the GR necessarily leads to removal from the SR (ss.20J/20K/19B) so in Dr X's case the Council's s.20O appeal outcome was inevitable and not tainted by apparent bias; (2) the EAC does have jurisdiction under s.20N to consider competence and to recommend removal from the SR and s.25(2) stay does not prevent the EAC making recommendations (it only prevents the Registrar effecting removal pending appeal); (3) in Dr Y's case apparent bias was established because the outcome was not inevitable and untainted alternative pane…