**********************************
Following is a question by the Hon Vincent Fang and a reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (July 2):
Question:
The Medical Council of Hong Kong (MCHK) has recently been criticised for its tardiness in handling medical complaints. There are also public criticisms that although it was founded to assure quality in the medical profession for protection of patients and foster ethical conduct of medical practitioners, MCHK acts like a trade union aiming to protect the interests of members of the profession. As such, there have been increasing calls for a comprehensive reform of MCHK. It is learnt that, some years ago, MCHK submitted a reform proposal to the Government, which included increasing the proportion of lay members with a view to enhancing its independence, but the proposal ended up with nothing definite. Recently, MCHK has submitted a proposal to reform itself to the authorities. In this connection, will the Government inform this Council:
(1) of the main contents of the reform proposal submitted by MCHK recently to the authorities; apart from the proposed increase in the number of lay assessors, whether the reform proposal contains any suggestion for the adoption of a composition with equal numbers of medical members and lay members, similar to that of the General Medical Council in the United Kingdom; if it does not, whether it knows the reasons for that;
(2) given that, notwithstanding the increase by MCHK of the number of licensing examinations for medical practitioners from once a year to twice a year, the Medical Registration Ordinance stipulates that the validity period of a limited registration must not exceed one year, whether the Government will introduce legislative amendments to relax such provision and urge MCHK to grant registration with a longer validity period; if it will not, of the reasons for that; and given that overseas medical practitioners are employed by the Hospital Authority under one-year contracts only, of the authorities' plan to attract overseas medical practitioners, in particular those with international reputation, to practise in Hong Kong under limited registration; and
(3) of the amount of resources provided by the Government to MCHK annually; given that MCHK will need additional manpower and other resources in order to enhance its operational efficiency and transparency, thereby upgrading its standard of professional regulation, whether the Government has any plan to provide additional resources to MCHK; if it does, of the details; if not, the reasons for that?
Reply:
President,
(1) The Medical Council of Hong Kong (MCHK) is an independent statutory body established under the Medical Registration Ordinance for handling matters relating to the registration and regulation of medical practitioners in Hong Kong, including the conduct of inquiries and disciplinary proceedings concerning the professional conduct of registered medical practitioners. The MCHK handles complaints received against registered medical practitioners, conducts investigations into allegations of professional misconduct and takes disciplinary actions in accordance with the procedures laid down in the Medical Registration Ordinance and the Medical Practitioners (Registration and Disciplinary Procedure) Regulation.
Upon receipt of a complaint concerning the professional conduct of a registered medical practitioner in Hong Kong, the Preliminary Investigation Committee (PIC) of the MCHK will conduct preliminary investigation into the case. If the PIC determines that there is a prima-facie case, the case will be referred to the MCHK for a formal disciplinary inquiry. The PIC comprises seven members, including one lay member of the MCHK. The quorum of a meeting convened for the purpose of conducting a disciplinary inquiry is five members of the MCHK, including one lay member. Currently the MCHK has four lay members, who take turns to perform their roles in preliminary investigations and disciplinary inquiries.
In a bid to expedite the complaint-handling process and inquiry proceedings so as to cope with an increasing number of complaints, the MCHK suggested in June this year to increase the number of lay assessors and allow them to substitute lay members of the MCHK in forming the quorum in preliminary investigations and inquiries. The proposal does not involve changing the membership or composition of the MCHK. The Administration is actively considering MCHK's proposal.
(2) According to section 14A of the Medical Registration Ordinance, a non-local graduate with the necessary qualifications may apply to the MCHK for approval to practise in Hong Kong by way of limited registration without having to pass the licensing examination. The relevant requirements are that:
(a) he has been selected for employment or for a type of employment determined and promulgated by the MCHK;
(b) he has obtained an acceptable overseas qualification;
(c) he has had adequate and relevant full-time post-qualification clinical experience;
(d) he is registered with an approved medical authority outside Hong Kong; and
(e) he is of good character.
Limited registration is valid for a maximum period of one year. The person so registered may apply for renewal of registration for another year before the expiry of the limited registration. The Hospital Authority makes reference to the one-year validity period of a limited registration as approved by the MCHK in sealing contracts with non-local medical practitioners on limited registration.
In the face of challenges posed by a growing and ageing population and increasing public demand for healthcare services, the Government has set up a high-level steering committee to conduct a strategic review on healthcare manpower planning and professional development in Hong Kong. The steering committee will assess the manpower needs of the healthcare professions which are subject to statutory regulation and put forward recommendations regarding future directions of their professional development. The strategic review covers the regulatory framework for healthcare professions, including the functions and composition of the regulatory bodies concerned. The Administration will take forward the recommendations of the steering committee as appropriate upon completion of the review.
(3) Established under the Medical Registration Ordinance, the MCHK operates under the principle of professional autonomy. The Government provides secretariat service through the Department of Health to support the MCHK in discharging its duties, and funds the related expenses arising from legal consultation and litigation. Currently the Medical Council Secretariat has a 18-strong establishment, including those employed on civil service and contract terms. In the past three years, the Government spent an annual average of about 24.5 million to meet the daily expenditure of the Secretariat. From time to time the Administration will review the manpower and resource requirements of the Medical Council Secretariat and make corresponding arrangements.
Ends/Wednesday, July 2, 2014
Issued at HKT 15:09
NNNN
