[Ref 1]
Every month, members in Policy Meeting and Preliminary Investigation Committee of Medical Council ("MCHK") discuss any disciplinary action to careless driving cases.
Under section 29 of the Code of Professional Conduct [Ref 2],
"A doctor who has been convicted in or outside Hong Kong of an offence punishable with imprisonment or has been the subject of adverse findings in disciplinary proceedings by other professional regulatory bodies is required to report the matter to the Council within 28 days from the conviction or the adverse disciplinary finding, even if the matter is under appeal. Failure to report within the specified time will in itself be ground for disciplinary action. In case of doubt the matter should be reported."
A reminder from MCHK in Aug 2014 [Ref 3],
A doctor convicted of any offence punishable by imprisonment is liable to disciplinary proceedings of the Medical Council, regardless of whether he / she is sentenced to imprisonment.
Some offences, though appear to be trivial are in fact offences punishable by imprisonment. e.g.
- careless driving,
- failing to comply with Buildings Ordinance order,
- riding as passengers in rear seat not securely fastened with seat belt,
- driving bicycle in country park without consent of the Authority, etc.
For careless driving, contrary to Section 38(1) of the Road Traffic Ordinance, Chapter 374, Laws of Hong Kong, "a person who drives a motor vehicle on a road carelessly commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months." [Ref 4]
For failing to comply with Buildings Ordinance order, contrary to Section 40(1BA) of the Buildings Ordinance, Chapter 123, Laws of Hong Kong, which was also an offence punishable with imprisonment. [Ref 5]
In short,
- Please remember to report to the Council within 28 days from the conviction of an offence punishable with imprisonment, including the one appearing to be trivial mentioned above.
- Failure to report within the specified time will in itself be ground for disciplinary action.
- In case of doubt the matter should be reported. [Ref 2]
REFERENCES
Dr. Pierre Chan
Legislative Councillor
