The Medical Council of Hong Kong was established under the Medical Registration Ordinance (Cap. 161 of the Laws of Hong Kong),
with the aim of maintaining the standards of the medical profession, safeguarding patient rights, and enhancing the ethical and professional conduct of healthcare practitioners. The Medical Council of Hong Kong is responsible for: Setting Professional Codes: Including the "Code of Professional Conduct for Registered Medical Practitioners in Hong Kong." Regulating Disciplinary Actions: Overseeing the discipline of doctors. Addressing Public Inquiries: Responding to public questions regarding medical incidents.
All registered doctors are required to adhere to these professional codes, and violations may result in disciplinary actions by the Medical Council. However, a finding that a medical professional has breached the professional code does not necessarily imply that the professional has committed medical negligence. The legal and adjudicative standards applied by Hong Kong courts differ from those used by the Medical Council's disciplinary tribunals. In other words, a breach of the professional code is not a decisive factor for the court in determining whether medical negligence has occurred, though it may be merely considered as one of the factors in the court’s judgment.
It is important to note that the disciplinary tribunals of the Medical Council of Hong Kong do not have the legal authority to determine whether a medical professional who has breached the professional code is liable for compensatory damages to the complainant (the patient) or to set the amount of such damages. The Medical Council's disciplinary tribunals are legally empowered only to determine whether there has been a breach of the professional code and to impose appropriate penalties on the involved medical professionals.
