Dr. Siu Ting Wing v. The Medical Council of Hong Kong

CACV 130/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 130 OF 2008

(ON APPEAL FROM JUDGMENT OF INQUIRY OF THE
MEDICAL COUNCIL OF HONG KONG)

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BETWEEN

Before: Hon Rogers VP, Le Pichon JA and Macrae J in Court

Date of Hearing: 8 February 2011

Date of Judgment: 8 February 2011

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J U D G M E N T

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Hon Rogers VP:

1.This is an application for leave to appeal to the Court of Final Appeal. Unusually, and to the applicant’s credit, there has been no attempt to suggest that this involves a matter of great general or public importance. The application is put solely on the ground which has been called “or otherwise”.

2.It is the practice of this Court, unless the matter is very clear, to leave the decision as to whether leave should be given to the Court of Final Appeal itself, since this ground for granting leave is discretionary.  In this case, however, the complaint which is made as to the Medical Tribunal’s approach to the evidence and the suggestion that they were in error really does not go to the root of the two charges which were laid against the doctor concerned.  The charges related to his responsibility in regard to the prescription of medicines which were given to the complainant.

3.I have to say that I am satisfied that I do not see any ground upon which it can be said that the doctor should labour under any grievance in the matter.  I consider that, in respect of the two charges, the matter was clear and the Medical Tribunal was clearly entitled to come to the conclusions which it did.  I, therefore, would not grant leave to appeal on this occasion.

Hon Le Pichon JA:

4.I agree.

Hon Macrae J:

5.And I agree.

Mr Jonathan Kwan, instructed by Messrs Louis K Y Pau & Co., for the Applicant

Mr Mark Chan SGC, of Department of Justice, for the Respondent