|
FAMV No. 109 of 2025
[2026] HKCFA 12
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 109 OF 2025 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
CACV NO. 63 OF 2023)
________________________
|
BETWEEN
|
| |
DR LEUNG KA LAU |
Appellant |
| |
|
(Applicant) |
| |
and |
|
| |
THE MEDICAL COUNCIL OF HONG KONG |
Respondent |
________________________
| Appeal Committee: |
Mr Justice Ribeiro Acting CJ, Mr Justice Fok PJ and Mr Justice Lam PJ |
| Date of Hearing and Determination: |
26 March 2026 |
_____________________________
DETERMINATION
_____________________________
The Appeal Committee:
1.We are satisfied that the following questions are of the requisite importance and grant leave thereon, namely:
Whether on a proper interpretation of §5.2.1.2(d) of the Code of Professional Conduct issued by the Medical Council of Hong Kong, doctors in Hong Kong are generally prohibited from communicating information on discounted fees for their medical services to the public. (Question 1)
Whether the Council’s decision to sanction the Applicant for breach of §5.2.1.2(d) of the Code of Professional Conduct issued by the Medical Council of Hong Kong, based on the advertisements (defined at §6(2) of the Court of Appeal’s judgment), constitutes an unlawful and disproportionate restriction on the Applicant’s right to freedom of expression, as protected under Art 27 of the Basic Law and Art 16 of the Hong Kong Bill of Rights, and / or the public’s right to access information about affordable cancer screenings as constitutionally protected under Art 16 of the Hong Kong Bill of Rights. (Question 2)
Whether the Code as interpreted by the Court of Appeal as generally prohibiting medical practitioners from providing information to the public on fee discounts, is in itself unconstitutional as a disproportionate restriction of the freedom of expression of doctors and the public’s right to receive information on discounted medical fees, as protected under Art 27 of the Basic Law and Art 16 of the Hong Kong Bill of Rights. (Question 3)
2.The appeal will be listed for hearing on 6 November 2026.
(R A V Ribeiro)
Acting Chief Justice
|
(Joseph Fok)
Permanent Judge
|
(M H Lam)
Permanent Judge
|
Mr Abraham Chan SC and Mr John Cheung, instructed by Howse Williams, for the Appellant (Applicant)
Mr Jin Pao SC and Mr Danny Tang, instructed by the Department of Justice, for the Respondent
|