Ex-doctors of HA charged with MIPO over referral of patients and theft of medicine
2018-11-28
Three former doctors of the Hospital Authority (HA) have been charged by the ICAC today (November 28) with conspiracy to commit misconduct in public office (MIPO) by referring HA patients to a private eye clinic operated by two of them, and theft of medicine from the HA respectively.
The defendants are Yau Shing-kin, 39, Byron Chu Tung-hang, 42, both former full-time doctors of Caritas Medical Centre (CMC) under the HA; and Aaron Chu Tung-ki, 45, former part-time doctor of CMC.
Yau, Aaron Chu and Byron Chu face a joint charge of conspiracy to commit MIPO, contrary to Common Law and Section 159A of the Crimes Ordinance. Yau and Aaron Chu jointly face a similar charge, while Aaron Chu and Byron Chu face another similar joint charge. In addition, Yau alone faces one count of theft, contrary to Section 9 of the Theft Ordinance.
The defendants will appear at the West Kowloon Magistracy on Friday (November 30) for transfer to the District Court for plea.
The case arose from a corruption complaint referred by the HA. Subsequent ICAC enquires revealed the above alleged offences.
At the material time, Yau was a full-time doctor of the Department of Ophthalmology of CMC (OPD/CMC) under the HA. Aaron Chu had been a part-time doctor of the OPD/CMC since August 2011, while his younger brother Byron Chu had been a full-time turned part-time doctor of the OPD/CMC since May 2016. The Chu brothers also operated a private eye clinic in Tsim Sha Tsui.
During their service with the OPD/CMC, Yau and the Chu brothers were responsible for, amongst other duties, providing clinical and specialist services in ophthalmology. Regarding clinical service, they treated patients, recorded their diagnosis and managed their medical records.
Two of the charges allege that between January 4, 2012 and June 21, 2016, Yau, Aaron Chu and/or Byron Chu conspired together for Yau to, in the course of or in relation to his public office, wilfully misconduct himself without reasonable excuse or justification, by:
(i) referring patients being treated by him at CMC to consult and seek treatment from Aaron Chu and/or Byron Chu at the clinic in Tsim Sha Tsui instead, in violation of the General Guidelines of the HA on Referring Patients for Private Healthcare Service;
(ii) disclosing the information and records of the patients to Aaron Chu and/or Byron Chu in breach of the policy of the HA in relation to management of patients’ personal data and records; and
(iii) taking up outside work at the clinic in Tsim Sha Tsui in breach of the policy of the HA regarding outside work by its staff.
Another charge alleges that between January 4, 2012 and June 8, 2016, Aaron Chu and Byron Chu conspired together for Byron Chu to, in the course of or in relation to his public office, wilfully misconduct himself without reasonable excuse or justification, by:
(i) referring patients being treated by him at CMC to consult and seek treatment from Aaron Chu at the clinic in Tsim Sha Tsui instead, in violation of the General Guidelines of the HA on Referring Patients for Private Healthcare Service; and
(ii) disclosing the information and records of the patients to Aaron Chu in breach of the policy of the HA in relation to management of patients’ personal data and records.
The remaining charge alleges that on May 26, 2016, Yau stole 29 bottles of eye drops and nine tubes of eye ointment from the HA.
The HA and CMC has rendered full assistance to the ICAC during its investigation into the case.
The defendants have been released on ICAC bail, pending their court appearance on Friday.
The defendants are Yau Shing-kin, 39, Byron Chu Tung-hang, 42, both former full-time doctors of Caritas Medical Centre (CMC) under the HA; and Aaron Chu Tung-ki, 45, former part-time doctor of CMC.
Yau, Aaron Chu and Byron Chu face a joint charge of conspiracy to commit MIPO, contrary to Common Law and Section 159A of the Crimes Ordinance. Yau and Aaron Chu jointly face a similar charge, while Aaron Chu and Byron Chu face another similar joint charge. In addition, Yau alone faces one count of theft, contrary to Section 9 of the Theft Ordinance.
The defendants will appear at the West Kowloon Magistracy on Friday (November 30) for transfer to the District Court for plea.
The case arose from a corruption complaint referred by the HA. Subsequent ICAC enquires revealed the above alleged offences.
At the material time, Yau was a full-time doctor of the Department of Ophthalmology of CMC (OPD/CMC) under the HA. Aaron Chu had been a part-time doctor of the OPD/CMC since August 2011, while his younger brother Byron Chu had been a full-time turned part-time doctor of the OPD/CMC since May 2016. The Chu brothers also operated a private eye clinic in Tsim Sha Tsui.
During their service with the OPD/CMC, Yau and the Chu brothers were responsible for, amongst other duties, providing clinical and specialist services in ophthalmology. Regarding clinical service, they treated patients, recorded their diagnosis and managed their medical records.
Two of the charges allege that between January 4, 2012 and June 21, 2016, Yau, Aaron Chu and/or Byron Chu conspired together for Yau to, in the course of or in relation to his public office, wilfully misconduct himself without reasonable excuse or justification, by:
(i) referring patients being treated by him at CMC to consult and seek treatment from Aaron Chu and/or Byron Chu at the clinic in Tsim Sha Tsui instead, in violation of the General Guidelines of the HA on Referring Patients for Private Healthcare Service;
(ii) disclosing the information and records of the patients to Aaron Chu and/or Byron Chu in breach of the policy of the HA in relation to management of patients’ personal data and records; and
(iii) taking up outside work at the clinic in Tsim Sha Tsui in breach of the policy of the HA regarding outside work by its staff.
Another charge alleges that between January 4, 2012 and June 8, 2016, Aaron Chu and Byron Chu conspired together for Byron Chu to, in the course of or in relation to his public office, wilfully misconduct himself without reasonable excuse or justification, by:
(i) referring patients being treated by him at CMC to consult and seek treatment from Aaron Chu at the clinic in Tsim Sha Tsui instead, in violation of the General Guidelines of the HA on Referring Patients for Private Healthcare Service; and
(ii) disclosing the information and records of the patients to Aaron Chu in breach of the policy of the HA in relation to management of patients’ personal data and records.
The remaining charge alleges that on May 26, 2016, Yau stole 29 bottles of eye drops and nine tubes of eye ointment from the HA.
The HA and CMC has rendered full assistance to the ICAC during its investigation into the case.
The defendants have been released on ICAC bail, pending their court appearance on Friday.