Replies to LegCo questions

LCQ19: Complaints against doctors for inappropriate qualifications

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Following is a question by the Hon Li Kwok-ying and a written reply by the

Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative

Council meeting today (December 8):

Question:

Will the Government inform this Council:

(a) of the number and details of the complaints received so far this year

against medical practitioners for providing false information about their

qualifications and professional practice experience, and how the number

compares to the corresponding figures in the previous two years;

(b) of the number of such complaints it investigated in the past three

years and the investigation results;

public with information which is law compliant, true and not exaggerated;

and

(d) whether it will discuss with the Medical Council of Hong Kong the

possibility of revising the Code of Practice for Doctors to expressly

provide that medical practitioners must provide the public with

information which is law compliant, true and not exaggerated, so as to

safeguard the interests of the public?

Reply:

Madam President,

The Medical Council of Hong Kong (the Council) is a statutory body

established under the Medical Registration Ordinance (MRO) (Cap. 161) to

regulate, amongst other things, standard of professional practice and

conduct of medical practitioners. The Council has drawn up the

"Professional Code and Conduct for the Guidance of Registered Medical

Practitioners" (the Code of Practice) to provide general guidance on the

standard required and what may constitute professional misconduct.

It is a statutory requirement for any person who wishes to apply for

registration as a medical practitioner or a specialist, to supply to the

Medical Council his/her personal particulars, academic and professional

qualifications, and indicates in the application on whether he/she has

been convicted of any offence punishable with imprisonment, and whether

he/she has been found guilty of professional misconduct in Hong Kong or

elsewhere. In making the application, the applicant is required to make a

statutory declaration as to the truthfulness of the information submitted.

The Code of Practice requires medical practitioners to provide only legal,

decent, honest, truthful, factual, accurate, and not exaggerated

information to patients and the general public.

(a) and (b) The Medical Council is vested with the statutory power to

handle complaints against medical practitioners' professional practice and

conduct. Complaints concerning medical practitioners making untruthful

claims about professional qualifications and specialist status received in

the past three years are detailed as follows -

2002 2003 2004(as at 26/11)

Misleading,

inappropriate or

Unapproved

qualifications 2 5 6

False claim of

specialist status 4 3 2

Total 6 8 8

The investigation status of the above complaint cases(*a) are tabulated as

follows -

Misleading, inappropriate or unapproved qualifications

2002 2003 2004 (as at 26/11)

Dismissed at

the Preliminary

Investigation

Committee (PIC) stage 2 4 2

Substantiated in an

Inquiry by Medical

Council - 1(*b) -

Pending Investigation

Results - - 4

Total 2 5 6

False claim of specialist status

2002 2003 2004(as at 26/11)

Dismissed at

the Preliminary

Investigation

Committee (PIC)

stage 4 3 1

Substantiated in

an Inquiry by

Medical Council - - -

Pending Investigation

Results - - 1

Total 4 3 2

Procedure) Regulation under the MRO stipulates that an application for

registration as a registered medical practitioner or a specialist to be

supported by a declaration of personal particulars of and professional

qualifications held by the applicant, as well as a statement of evidence

of no conviction. Making false declaration is a criminal offence. Sections

36 and 37 of the Crimes Ordinance (Cap. 200) provide that making a false

statement in a statutory declaration is an offence, and anyone found

guilty of such offence is subject to a fine or imprisonment for a maximum

of two years.

Section 27 of the MRO provides that any person who seeks registration as a

medical practitioner or a specialist through false or fraudulent

representation is liable on conviction upon indictment to imprisonment for

three years. Section 28 of the MRO, on the other hand, prohibits people

from using the titles of medical practitioners or specialists without

registration. Those convicted are subject to a fine and imprisonment for

three years.

In addition, Clause 4.2.1 of the Code of Practice requires medical

practitioners to provide only legal, decent, honest, truthful, factual,

accurate, and not exaggerated information to patients and the general

public. Those who violate the Clause could be subject to disciplinary

proceedings with sanctions ranging from serving of warning letters,

reprimand to removal of their names from the registers.

Information concerning the qualifications and the specialist titles of

registered doctors is gazetted on a regular basis for public information,

and is accessible from the homepage of the Medical Council so that members

of the general public may verify the truthfulness of the information they

receive with the record maintained by the Council.

Clear provisions are stated in the MRO and the Code of Practice to

prohibit medical practitioners from providing untruthful information to

the public. Nonetheless, the Administration and the Medical Council will

review the provisions from time to time to ensure their effectiveness in

protecting the public.

Notes:

(*a) Complaints against registered medical practitioners touching on

matters of professional misconduct are either lodged with or referred to

the Medical Council. It is a statutory requirement for a complaint to be

first considered by the Chairman, the Deputy Chairman and a lay member of

the Preliminary Investigation Committee (PIC) and the full PIC as

appropriate, to decide whether the complaint is groundless, frivolous or

unpursuable, and whether a prima facie case can be established, before it

should proceed to full inquiry by the Medical Council.

(*b) The case concerned a doctor who displayed a signboard which showed

that he possessed the qualification of Bachelor of Medicine and Bachelor

of Surgery (MBBS). But the concerned doctor's qualification is in fact

Licentiate of Medical Council of Hong Kong (LMCHK). After consideration by

the PIC, the case was referred to the Medical Council for inquiry. At the

inquiry, the Medical Council was satisfied that in relation to the facts

alleged, the defendant doctor had been guilty of misconduct in a

professional respect. The Medical Council ordered that a warning letter be

served on the defendant doctor.

Ends/Wednesday, December 8, 2004

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