Hong Kong Case Law: Decisions & Judgments

Topic

Professional regulation

Legal area

Court

6 Jun 2014

THE HONG KONG MEDICAL ASSOCIATION v. MEDICAL COUNCIL OF HONG KONG

Citation

THE HONG KONG MEDICAL ASSOCIATION v. MEDICAL COUNCIL OF HONG KONG
Court

Court of First Instance
Case number

HCAL70/2012

The Court held that 'the Council' in s21(4B) of the Medical Registration Ordinance means the Council constituted to conduct the relevant s21 inquiry (i.e. the members and assessors, if any, who sat on that inquiry). The review power is exercisable only by that inquiry Council, for contextual and purposive reasons: the statutory composition and quorum rules for inquiries, the 14‑day time limit, the wording 'of its own initiative but not otherwise' and regulatory provisions (including s34) referring to the same Council and to parties appearing 'again'. Consequently the judicial review failed an…
11 Aug 2006

DR. KWOK-HAY KWONG v. THE MEDICAL COUNCIL OF HONG KONG

Citation

DR. KWOK-HAY KWONG v. THE MEDICAL COUNCIL OF HONG KONG
Court

Court of First Instance
Case number

HCAL46/2006

The Court held that the Medical Council failed to justify four specific restrictions as proportionate interferences with freedom of expression and declared that the Code breaches Basic Law Articles 27 and 39 and HKBORO Article 16 insofar as: (1) section 5 bars doctors from providing to the press basic factual information otherwise permitted in other media; (2) Appendix E limits Service Information Notices to five items; (3) paragraph 5 prohibits informing the public about medical developments where a doctor's practice is incidentally promoted; and (4) paragraph 14.1.1 imposes strict liability…
6 Apr 2006

WAN HUNG CHING AARON v. PHYSIOTHERAPISTS BOARD HONG KONG

Citation

WAN HUNG CHING AARON v. PHYSIOTHERAPISTS BOARD HONG KONG
Court

Court of First Instance
Case number

HCAL34/2006

The leave application was refused because the material did not disclose an arguable case: there was no statutory or authoritative requirement that a Part Ib registrant be supervised; the programme's activities were properly characterised as training and education rather than physiotherapy treatment requiring medical referral; there was no prima facie evidence to justify further investigation; and the Committee's exercise of discretion was not Wednesbury unreasonable.
5 Mar 2003

PETER PO FUN CHAN v. THE HONG KONG SOCIETY OF ACCOUNTANTS AND ANOTHER

Citation

PETER PO FUN CHAN v. THE HONG KONG SOCIETY OF ACCOUNTANTS AND ANOTHER
Court

Court of Appeal
Case number

CACV164/2002

Application for leave to appeal was dismissed because the questions were not shown to be of great general or public importance and were premature and academic in the absence of any findings by the Disciplinary Committee; appellate consideration of the discretionary exclusion of tainted evidence requires factual findings by the disciplinary tribunal first.
3 Jul 1992

RE CAROLINE DENISE LANGLEY COLEMAN

Citation

RE CAROLINE DENISE LANGLEY COLEMAN
Court

Court of First Instance
Case number

HCMP1547/1992

Application refused: applicant did not satisfy s.27(1A) and did not demonstrate the special expertise or a shortage of counsel necessary to justify the Court exercising its discretion under s.27(2)(b) to admit her notwithstanding the statutory requirements.
23 Mar 1974

RE ALFRED JOHN BALCOME

Citation

RE ALFRED JOHN BALCOME
Court

Court of First Instance
Case number

HCMP124/1974

Because the notice and supporting affidavit did not clearly specify the terms of the order sought and there was no affidavit proving service on the Attorney General and Bar Committee as required by the Rules, the court refused unconditional admission and granted a limited order confined to the stated instruction; proper service and clear terms are mandatory prerequisites for unlimited admission.

Hong Kong Case Law

THE HONG KONG MEDICAL ASSOCIATION v. MEDICAL COUNCIL OF HONG KONG

DR. KWOK-HAY KWONG v. THE MEDICAL COUNCIL OF HONG KONG

WAN HUNG CHING AARON v. PHYSIOTHERAPISTS BOARD HONG KONG

PETER PO FUN CHAN v. THE HONG KONG SOCIETY OF ACCOUNTANTS AND ANOTHER

RE CAROLINE DENISE LANGLEY COLEMAN

RE ALFRED JOHN BALCOME