On the judgment handed down today (July 5) by the Inquiry Panel under the Medical Council of Hong Kong (MCHK) regarding the disciplinary inquiry involving a case of cerebral palsy in a newborn baby in 2009, which was restarted late last year, a Government spokesperson gave the following response:

     As an independent statutory body empowered to handle the registration and disciplinary regulation of medical practitioners in Hong Kong, the MCHK has a responsibility to handle complaints involving the medical profession through a fair, impartial, transparent and efficient investigative and disciplinary inquiry mechanism in accordance with the law. The Government fully supports the Inquiry Panel under the MCHK which, following a review on its own initiative last November, restarted and successfully completed the inquiry into the case of cerebral palsy in the newborn baby, Li Yuanjian, in 2009, within eight months. The Government respects the judgment made by the Inquiry Panel and stresses that the conclusion of the inquiry process helps clarify the facts of the incident and avoids the pressure on both the doctor and the patient's family arising from a prolonged wait for the inquiry.

     The Health Bureau (HHB) once again extends its sympathies to Yuanjian and his parents, and hopes that the judgment can bring them some solace, allowing them to focus fully on Yuanjian's care and rehabilitation while maintaining their confidence in Hong Kong's healthcare system and institutional framework. Relevant departments will continue to follow up on Yuanjian's medical and welfare needs.

     Both the report submitted by the MCHK to the HHB in December last year on improving its complaint handling mechanism, and the report issued in February this year by the Office of The Ombudsman on its direct investigation operation into the Secretariat of the MCHK, clearly pointed out that there is an urgent need to improve the complaint handling mechanism of the MCHK. The Government attaches great importance to the investigation findings of the above reports and regards reform as a pressing priority. To that end, the HHB announced on June 26 this year to commence the legislative procedure for the Medical Registration (Amendment) Bill 2026 (see press release), with a view to supporting the MCHK in more effectively maintaining professional conduct and continuously enhancing the professional standard of medical practitioners through systemic reform, in accordance with the principle of professional autonomy. The Bill will be introduced into the Legislative Council for first reading on July 8.  

     The Bill puts forth a series of recommendations to reform the complaint handling mechanism, in particular a thorough reform to target the pain points that led to the delay in the case, to ensure justice, maintain professionalism and protect the public. These recommendations include: 

     (1) renaming the Preliminary Investigation Committee as the Medical Investigation Committee (MIC) and the Inquiry Panel as the Medical Tribunal Panel (MTP), both to be led by independent assessors appointed by the Government, with at least three of all five members to be independent assessors rather than having members of the MCHK as a majority. The maximum number of independent medical assessors and lay assessors nominated will be increased to 110 and 170 respectively, further showcasing the independence and impartiality in the procedures;

     (2) strengthening professional and administrative support by the secretariat, providing the MIC with investigative power and professional legal support to expedite complaint investigations, while removing a backward referral mechanism from an MTP to an MIC for more efficient case management;

     (3) the MCHK may issue practice directions for inquiry procedures, and to devise and promulgate target timeframes for procedures of different stages in complaint handling;

     (4) rationalising sanction arrangements into four levels, and removing suspended sanctions; and 

     (5) enhancing the review and appeal mechanism, allowing both the complainant and the respondent to apply for a review of inquiry outcome to enhance reasonableness and fairness in the proceedings.

Ends/Sunday, July 5, 2026
Issued at HKT 12:15

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