Ex-member of Medical Council charged by ICAC jailed for MIPO over abuse of public office for private gain
2023-8-25
A former lay member of the Medical Council of Hong Kong (Medical Council), charged by the ICAC, was today (August 25) sentenced to two and a half years’ imprisonment at the District Court for misconduct in public office (MIPO) for abusing her public office by disclosing personal information of a complainant and details of the complaint for pursing private gain to tout business as a solicitor. The offence was revealed in the course of a corruption probe by the Commission.
Monita Lau Wai-yee, 65, former lay member of the Medical Council, was earlier found guilty of one count of MIPO, contrary to the Common Law.
In sentencing, Judge Mr Isaac Tam Sze-lok remarked that the defendant had successfully obtained business deals by making use of the information obtained by her public office. The behaviour was not acceptable even though it only happened once.
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.
Between late January 2012 and late January 2018, the defendant, who was a solicitor by profession, was one of the lay members of the Medical Council. She would occasionally act as a volunteered legal professional for Society for Community Organization (SOCO), which was a non-governmental organisation.
The court heard that in June 2015, a patient filed a complaint with the Medical Council against a doctor for alleged professional misconduct. The complaint was later referred to a Preliminary Investigation Committee (PIC) of the Medical Council and the defendant was appointed as one of the lay members of the committee.
Prior to the first PIC meeting on the complaint in April 2017, the defendant received the relevant materials, including the patient’s contact details. In the same month, she disclosed the personal particulars of the patient and details of his complaint to a community organiser of SOCO.
In late May 2017, a meeting with the patient at the defendant’s office was arranged by the community organiser. The patient subsequently retained the defendant to represent him to file a civil claim against the doctor. In May 2019, the solicitors firm which the defendant worked for issued to the patient an invoice in the sum of about $720,000, which included legal fees of over $580,000 payable to the defendant.
The Medical Council had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Human Lam, assisted by ICAC officers Simon Chan and Keira Cheung.
The ICAC reminds public officers, who are entrusted with mandate and power to handle public affairs, to uphold a high standard of integrity, be honest and impartial while discharging official duties, so as to meet the public expectations.
Monita Lau Wai-yee, 65, former lay member of the Medical Council, was earlier found guilty of one count of MIPO, contrary to the Common Law.
In sentencing, Judge Mr Isaac Tam Sze-lok remarked that the defendant had successfully obtained business deals by making use of the information obtained by her public office. The behaviour was not acceptable even though it only happened once.
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.
Between late January 2012 and late January 2018, the defendant, who was a solicitor by profession, was one of the lay members of the Medical Council. She would occasionally act as a volunteered legal professional for Society for Community Organization (SOCO), which was a non-governmental organisation.
The court heard that in June 2015, a patient filed a complaint with the Medical Council against a doctor for alleged professional misconduct. The complaint was later referred to a Preliminary Investigation Committee (PIC) of the Medical Council and the defendant was appointed as one of the lay members of the committee.
Prior to the first PIC meeting on the complaint in April 2017, the defendant received the relevant materials, including the patient’s contact details. In the same month, she disclosed the personal particulars of the patient and details of his complaint to a community organiser of SOCO.
In late May 2017, a meeting with the patient at the defendant’s office was arranged by the community organiser. The patient subsequently retained the defendant to represent him to file a civil claim against the doctor. In May 2019, the solicitors firm which the defendant worked for issued to the patient an invoice in the sum of about $720,000, which included legal fees of over $580,000 payable to the defendant.
The Medical Council had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Human Lam, assisted by ICAC officers Simon Chan and Keira Cheung.
The ICAC reminds public officers, who are entrusted with mandate and power to handle public affairs, to uphold a high standard of integrity, be honest and impartial while discharging official duties, so as to meet the public expectations.