20 Apr 2018
CHAIRMAN AND DEPUTY CHAIRMAN OF THE PRELIMINARY INVESTIGATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG v. HOSPITAL AUTHORITY
- Citation
- [2018] HKCFI 843
- Court
- Court of First Instance
- Case number
- HCMP2745/2016
The application was dismissed because the Chairman/PIC lacks statutory or common law power to compel the HA to disclose patient medical records at the PIC stage; conferring the Council's s22 disclosure powers on the Chairman/PIC would contradict the statutory three-tier scheme and constitute unlawful interference with patients' BORO14 privacy rights; s40(1) Cap 1 and s58(2) PDPO do not provide a basis to compel disclosure prior to referral to the Council; accordingly no order for production or mandatory injunction was justified.