These were two appeals by the Chairman and Deputy Chairman of the Preliminary Investigation Committee of the Medical Council of Hong Kong (“MCHK”) (referred to jointly as “the Chairman”) against the decision of a judge by which the judge dismissed the Chairman’s applications for a mandatory injunction obliging the Hospital Authority to disclose certain documents concerning the treatment of two patients which formed the subject of complaints to MCHK.
The Court of Appeal held that the Chairman had no power to compel disclosure and, therefore, it was not necessary to consider if ordering disclosure would involve a “disproportionate interference with the fundamental rights to privacy” of the patients in question.
Click here for the judgment.