PART III

PROFESSIONAL MISCONDUCT

"Misconduct in a professional respect" can be broadly defined as "If a medical practitioner in the pursuit of his profession has done something which will be reasonably regarded as disgraceful, unethical or dishonourable by his professional colleagues of good repute and competency, then it is open to the Medical Council of Hong Kong, if that be shown, to say that he has been guilty of professional misconduct".

The seriousness of misconduct will be judged by the rules, both written or unwritten, of the profession itself.

This part of the pamphlet sets out certain kinds of professional misconduct which may lead to disciplinary proceedings by the Council. The pamphlet is thus NOT a complete code of professional ethics, nor can it specify all the forms of misconduct which may lead to disciplinary action.

The question whether any particular course of conduct amounts to professional misconduct, and the gravity of such misconduct and of any conviction, are matters which will be determined by the Preliminary Investigation Committee and as appropriate the Council after considering the evidence in each individual case. The Council, having regard to its quasi-judicial function, is NOT able to advise individuals. The Ethics Committee of the Medical Council however advises and makes recommendations to the Council on matters about medical ethics and professional conduct generally and will study and review any case relating to medical ethics or professional conduct, either on its own motion or at the request in writing of not less than 20 registered medical practitioners. Medical practitioners desiring detailed advice on questions of professional conduct arising in particular circumstances may consult a professional association or their own legal advisers for advice on such matters.

THE FOLLOWING PARAGRAPHS DESCRIBE THE MORE COMMON TYPES OF MISCONDUCT WHICH MAY BE REGARDED AS GROUNDS FOR DISCIPLINARY PROCEEDINGS