Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Medical registration

  • 10 Jan 2012

    HIN LIN YEE v. THE MEDICAL COUNCIL OF HONG KONG

    Citation
    HIN LIN YEE v. THE MEDICAL COUNCIL OF HONG KONG<br>
    Court
    Court of Appeal
    Case number
    CACV57/2011

    The Medical Council was entitled to consider the Court of Final Appeal's findings and other available evidence when exercising its discretionary power under s.21(1) and s.21(3); it had formed an independent view of culpability and proper application of the totality principle and the 12 month removal order was within its discretion and not grossly excessive, therefore the appeal is dismissed.

  • 24 Oct 2002

    DR IP WING KIN v. THE MEDICAL COUNCIL OF HONG KONG

    Citation
    DR IP WING KIN v. THE MEDICAL COUNCIL OF HONG KONG
    Court
    Court of Appeal
    Case number
    CACV627/2001

    The Court held that the Medical Council was entitled to accept the patient's credible evidence and expert evidence that extensive genital warts would not have been missed by the other clinicians; on that factual basis the appellant's definitive diagnosis and immediate treatment recommendation constituted a falling short of the standards expected of doctors and therefore amounted to misconduct in a professional respect under s.21(1)(b); the appeal was dismissed and the Council's reprimand and publication order was upheld.

  • 3 May 2002

    DAVID CHOW SIU SHEK v. THE MEDICAL COUNCIL OF HONG KONG

    Citation
    DAVID CHOW SIU SHEK v. THE MEDICAL COUNCIL OF HONG KONG
    Court
    Court of First Instance
    Case number
    HCAL337/2001

    The Medical Council was entitled and obliged under s.25(3) to consider all matters relating to the applicant's character and integrity including prior convictions; its absolute discretion, properly exercised and absent bad faith, perversity or failure to consider relevant matters, will not be interfered with on judicial review; given the simple and undisputed facts there was no legal duty to afford an oral hearing in this case; there was no real danger of bias and no legitimate expectation entitling the applicant to the relief sought; accordingly the application for judicial review was refuse…

  • 30 Mar 1988

    KOO KWOK HO v. THE MEDICAL COUNCIL OF HONG KONG

    Citation
    KOO KWOK HO v. THE MEDICAL COUNCIL OF HONG KONG
    Court
    Court of Appeal
    Case number
    CACV23/1988

    The Council was entitled to find that the admitted facts — a nurse dispensing a restricted drug without proper prescription from an unlocked drawer under the clinic's arrangements — showed the doctor had fallen short of the standard expected of doctors in exercising effective personal supervision; an isolated incident can amount to misconduct where it demonstrates failure to meet professional standards and the measures (or lack thereof) were peculiarly within the doctor's knowledge, so the appeal must be dismissed.