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LCQ8: Complaint-handling process of Medical Council of Hong Kong
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     Following is a question by the Hon Alice Mak and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (November 20):

Question:

     It is learnt that as the Medical Council of Hong Kong (MCHK) has been rather sluggish in handling complaints in recent years, in some cases even taking years to process them, complainants have to endure prolonged psychological and financial pressure. In this connection, will the Government inform this Council:

(1) whether it knows, in each of the past five years, the number of complaints received by MCHK and, among such cases, the respective numbers of those (i) were determined by the Preliminary Investigation Committee (PIC) as prima-facie cases and referred to MCHK for disciplinary inquiries, (ii) were found to be substantiated after disciplinary inquiries, and (iii) involved medical practitioners employed by the Hospital Authority;

(2) whether it knows, in the past five years, the average number of supporting staff members required by the PIC in handling a complaint; whether the authorities will allocate additional resources to increase such manpower, so as to expedite handling of complaints; if they will, of the details; if not, the reasons for that;

(3) whether it knows, in the past five years, the average time taken by MCHK in handling a complaint for which disciplinary inquiries had been conducted; among such cases, (i) the number of those that MCHK took one year or more to process, and (ii) the longest and the shortest time taken to complete the cases;

(4) as the Government indicated in its reply to a question raised by a Member of this Council on July 2 this year that the authorities were actively considering the proposal MCHK submitted in June this year on expediting its complaint-handling process and inquiry proceedings, of the progress of the authorities' consideration of the proposal; whether it knows when MCHK will implement the proposal and simplify its complaint handling process so as to enhance its efficiency in handling complaints; and

(5) whether the authorities will discuss with MCHK the setting of target time for handling complaints; if they will, of the details; if not, the reasons for that?

Reply:

President,

     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 conducting inquiries and disciplinary proceedings concerning the professional conduct of registered medical practitioners. The MCHK comprises 24 medical practitioners and four lay members. Among the medical practitioner members, seven are elected by registered medical practitioners, seven others are elected by the Hong Kong Medical Association, while the rest are nominated by the Director of Health, the University of Hong Kong, the Chinese University of Hong Kong, the Hospital Authority (HA) and the Hong Kong Academy of Medicine and appointed by the Chief Executive.

     The MCHK handles complaints 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, it will refer the case to the MCHK for a formal inquiry. The PIC comprises seven MCHK members, including one lay member. The quorum of a meeting convened for the purpose of conducting a disciplinary inquiry is five MCHK members, including one lay member. Currently the MCHK has four lay members, who take turns to perform their roles in preliminary investigations and disciplinary inquiries.

     Over the past five years, every year the MCHK received over 400 complaints against registered medical practitioners, of which about 60 cases involved medical practitioners employed by the HA.  The number of complaints handled by the MCHK during the same period is set out in the Annex.

     In considering a disciplinary case, the MCHK often requires the complainant to provide various kinds of information, such as affidavit and medical reports. Where necessary, the MCHK will also seek views of different independent experts or even legal advice to ensure that the case is determined in an objective, fair and just manner. Subject to the submission of all necessary information by the complainant, and depending on the nature, type and complexity of a complaint case, the processing time varies from case to case.

     In a bid to expedite the complaint-handling process, 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 for preliminary investigations and disciplinary inquiries. The proposal involves amendments to the Medical Registration Ordinance. The Administration is actively discussing with the MCHK and will proceed with the drafting of legislation.

Ends/Thursday, November 20, 2014
Issued at HKT 14:42

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