TVB News Channel programme “A Closer Look 時事多面睇” interviewed Mr Gordon Chan on complaint handling in the Medical Council of Hong Kong.
In an interview with TVB News, Mr Gordon Chan discussed the complaint handling process at the Medical Council of Hong Kong and why it may become lengthy at each stage.
The process to handle complaints against doctors is outlined by the Court of Appeal in Dr U v PIC of MCHK (CACV151/2016). Essentially, it is a three-staged process:
- Screening by the chairman of the Preliminary Investigation Committee (PIC)
- Referral to the PIC
- Disciplinary Inquiry before an inquiry panel as an open hearing
At the PIC, the subject doctor would be notified and invited to make a written submission to the PIC. This is even before a case reaches the Disciplinary Inquiry. Also, an interesting mechanism at the Medical Council is the power to refer a case back to the PIC, even after it has passed through it. This may happen more than once.
If a case is not heard in a timely manner, a serious but possible consequence is that a fair hearing may no longer be feasible. In such a situation, “permanent stay of proceedings” may be granted, resulting in the abrupt termination of the process.
Permanent stay of proceedings is very rare. It may be disappointing for the complainant, but it might also be unsatisfactory for a doctor whose conduct was questioned. However, it can be a necessary measure to safeguard a doctor’s right to a fair hearing.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
