26 Jan 2012
DR KONG CHING BOON v. THE MEDICAL COUNCIL OF HONG KONG
- Citation
- DR KONG CHING BOON v. THE MEDICAL COUNCIL OF HONG KONG
- Court
- Court of Appeal
- Case number
- CACV25/2011
The Medical Council's penalty of 12 months removal (suspended for two years) was manifestly excessive because it failed to adequately consider mitigation (operational practice of head office and branches, small quantities and presence of expired drugs) and was disproportionate when compared to other disciplinary decisions; the appeal was allowed and the penalty substituted with six months removal suspended for one year subject to specified supervisory audit conditions; the application to adduce new evidence was refused for failure to produce it at the inquiry.