PART II

CONVICTION OF AN OFFENCE PUNISHABLE BY IMPRISONMENT

A registered medical practitioner who is convicted of any offence which is punishable by imprisonment is liable to disciplinary proceedings by the Medical Council, regardless of the penalty imposed by the court. A conviction in itself gives the Council jurisdiction even if the offence does not involve professional misconduct, although the Council may decide that no inquiry will be held where the conviction does not appear to affect the doctor's practice as a registered medical practitioner. It is the duty of a registered practitioner who has been convicted inside or outside the HKSAR of an offence punishable by imprisonment to report the conviction to the Medical Council. Failure to do so within 28 days of the conviction will be grounds for disciplinary action. In case of doubt the conviction should be reported.

A particularly serious view is likely to be taken if a medical practitioner is convicted of an offence involving dishonesty (e.g. obtaining money or goods by false pretences, forgery, fraud, theft), indecent behaviour or assault. The Council is also concerned with convictions for offences which might affect a doctor's fitness to practise.