Replies to LegCo questions

LCQ11: Preliminary Investigation Committee of Medical Council of Hong Kong

Following is a question by the Hon Andrew Cheng and a written reply by the Secretary for Food and Health, Dr York Chow, in the Legislative Council today (July 9):

Question:

Regarding the handling of complaints by the Medical Council of Hong Kong (MCHK), will the Government inform this Council whether it knows:

(a) what criteria the Preliminary Investigation Committee (PIC) has adopted for determining whether to take up a complaint; whether MCHK will consider not disclosing the identity of the complainee to PIC members at the initial stage of the investigation to ensure that their decision will not be affected by their preconception about the complainee; if it will not, of the reasons for that;

(b) the information that the complainant is required to submit to MCHK when lodging a complaint; whether MCHK will inform the complainant of the information required to be submitted, and whether it will assist complaints in verifying the credibility of such documents; whether MCHK will consult experts regarding the information submitted by the complainant and the complainee to facilitate the hearing and ruling; if not, of the reasons for that; and

(c) whether the complainant and the complainee can obtain all the information submitted by the other party to MCHK and the records of the meetings conducted by the PIC; if not, of the reasons for that?

Reply:

Madam President,

(a) The Medical Council of Hong Kong (MCHK) and its Preliminary Investigation Committee (PIC) follow the procedures laid down in the Medical Registration Ordinance (the "Ordinance") and the Medical Practitioners (Registration and Disciplinary Procedure) Regulation (the "Regulation") in handling complaints they have received against registered medical practitioners, conducting investigations into allegations of professional misconduct involving medical personnel and taking disciplinary actions.

To ensure that the PIC considers each and every complaint in a fair and impartial manner, the Regulation stipulates that if any member of the PIC is in any way interested in a case which has been referred to the PIC, he has to declare his interest. The PIC will determine, as appropriate, whether that member can continue to handle the complaint.

(b) The MCHK has listed in the booklet entitled "How the Medical Council deals with Complaints" the event details and all relevant information and documents that a complainant has to submit to the MCHK. Any person who decides to lodge a formal complaint against a registered medical practitioner is required to furnish the MCHK with the following basic information:

(i) the identity and contact details of the complainant;
(ii) the name of the medical practitioner involved;
(iii) the details of what the medical practitioner has done wrong;
(iv) the date and place the event took place;
(v) copies of any relevant papers and any other evidence such as X-ray films, photographs, etc.; and
(vi) the details of any other person who has witnessed the event or can support the complaint.

At the screening stage, the Chairman or the Deputy Chairman of the PIC may, depending on the circumstances of the case, require the complainant to make clarifications, provide supplementary information or sign a written consent to allow the PIC to have access to the relevant medical reports or records. In order not to influence the impartiality of the judgment, the MCHK will not assist the complainant or the complainee to verify the credibility of the documents submitted by them. In the course of considering the complaint, the PIC will seek independent expert opinion if necessary.

If the case is subsequently referred to the MCHK for inquiry, the lawyers representing the Secretary of the MCHK and the complainee may invite their own expert witnesses to give evidence and provide expert opinion at the inquiry for consideration by the MCHK.

(c) As for the complainant, the Regulation stipulates that if the PIC decides not to refer the case to the MCHK for inquiry, the complainant has no right of access to any information or document relating to the case submitted by any other person to the PIC. If the PIC decides to refer the case to the MCHK for inquiry, the complainant may apply to the MCHK to obtain the above mentioned information after the inquiry. The MCHK will decide whether to accede to the request on the merits of each individual case.

As for the complainee, if the PIC decides that the complaint should be considered, the Secretary of the MCHK has to provide the medical practitioner under complaint with the information obtained so that he can submit an explanation in writing. While the case is being considered by the PIC, the Secretary will not disclose to the complainee any matters discussed by the PIC before the PIC has made a decision. If, after consideration, the PIC decides to refer the case to the MCHK for inquiry, the complainee may apply for a copy of the minutes of the PIC meetings in which the complainee's case was considered for the purpose of inquiry preparation.


Ends/Wednesday, July 9, 2008
Issued at HKT 12:10

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