27 Oct 1998
DR. IP KAY LO VINCENT v. THE MEDICAL COUNCIL OF HONG KONG
- Citation
- DR. IP KAY LO VINCENT v. THE MEDICAL COUNCIL OF HONG KONG
- Court
- Court of Appeal
- Case number
- CACV41/1997
The Court allowed the appeal because the Medical Council's procedure was unfair: the legal officer introduced an unpleaded, prejudicial allegation late; the Council failed to give reasons enabling scrutiny; and the Council purported to find a particular proved despite the Legal Adviser's advice that there was no evidence and without informing parties it rejected that advice — rendering the factual finding perverse and the decision unsupportable. The appropriate remedy was to set aside the Council's decision.