Ex-member of Medical Council charged with MIPO
2021-6-3
The ICAC yesterday (June 2) charged a former lay member of the Medical Council of Hong Kong (Medical Council) with misconduct in public office (MIPO) for disclosing personal information of a complainant and details of the complaint so as to arrange for the solicitation of a retainer from the complainant to pursue a civil claim against a doctor and act for him in the civil claim.
The ICAC investigation arose from a corruption complaint and the defendant was charged pursuant to legal advice sought from the Department of Justice.
Monita Lau Wai-yee, 63, former lay member of the Medical Council, faces one count MIPO, contrary to the Common Law. She will appear in the Eastern Magistrates’ Courts tomorrow (June 4) for the case to be transferred to the District Court for plea.
The Medical Council is a statutory body which handles complaints against registered medical practitioners, conducts investigations into alleged professional misconduct and takes disciplinary actions in substantiated cases.
The defendant, a solicitor by profession, was one of the lay members of the Medical Council between January 24, 2012 and January 23, 2018. In addition, she occasionally acted as a volunteered legal professional for a non-governmental organisation (NGO).
In June 2015, a patient filed a complaint with the Medical Council (the complainant) against a doctor for alleged professional misconduct. The complaint was later referred to a Preliminary Investigation Committee of the Medical Council for preliminary investigations and the defendant was appointed by the Medical Council as a member of the committee.
The charge alleges that between April 1, 2017 and January 23, 2018, the defendant, in the course of or in relation to her public office, namely a lay member of the Medical Council, without reasonable excuse or justification, wilfully misconducted herself by:
(a) disclosing to a community organiser of the aforesaid NGO the personal particulars of the complainant and the details of his complaint against the aforesaid doctor;
(b) causing the community organiser to arrange a meeting among the complainant, the community organiser and herself on May 26, 2017 during which she solicited a retainer from the complainant to pursue a civil claim against the doctor; and
(c) accepting instructions via her solicitors firm from the complainant to act for him in the civil claim.
ICAC enquiries revealed that the complainant was subsequently requested to pay legal fee totalling over $520,000 to the aforesaid solicitors firm.
The Medical Council has rendered full assistance to the ICAC during the investigation.
The defendant has been released on ICAC bail, pending her court appearance tomorrow.
The ICAC investigation arose from a corruption complaint and the defendant was charged pursuant to legal advice sought from the Department of Justice.
Monita Lau Wai-yee, 63, former lay member of the Medical Council, faces one count MIPO, contrary to the Common Law. She will appear in the Eastern Magistrates’ Courts tomorrow (June 4) for the case to be transferred to the District Court for plea.
The Medical Council is a statutory body which handles complaints against registered medical practitioners, conducts investigations into alleged professional misconduct and takes disciplinary actions in substantiated cases.
The defendant, a solicitor by profession, was one of the lay members of the Medical Council between January 24, 2012 and January 23, 2018. In addition, she occasionally acted as a volunteered legal professional for a non-governmental organisation (NGO).
In June 2015, a patient filed a complaint with the Medical Council (the complainant) against a doctor for alleged professional misconduct. The complaint was later referred to a Preliminary Investigation Committee of the Medical Council for preliminary investigations and the defendant was appointed by the Medical Council as a member of the committee.
The charge alleges that between April 1, 2017 and January 23, 2018, the defendant, in the course of or in relation to her public office, namely a lay member of the Medical Council, without reasonable excuse or justification, wilfully misconducted herself by:
(a) disclosing to a community organiser of the aforesaid NGO the personal particulars of the complainant and the details of his complaint against the aforesaid doctor;
(b) causing the community organiser to arrange a meeting among the complainant, the community organiser and herself on May 26, 2017 during which she solicited a retainer from the complainant to pursue a civil claim against the doctor; and
(c) accepting instructions via her solicitors firm from the complainant to act for him in the civil claim.
ICAC enquiries revealed that the complainant was subsequently requested to pay legal fee totalling over $520,000 to the aforesaid solicitors firm.
The Medical Council has rendered full assistance to the ICAC during the investigation.
The defendant has been released on ICAC bail, pending her court appearance tomorrow.