Hong Kong College of Cardiology seeks "quotable qualification" from the Hong Kong Medical Council for one of its members
Clients Hong Kong College of Cardiology
Peggy Cheung (Partner, Intellectual Property) is the Honorary Legal Advisor of the Hong Kong College of Cardiology ("HKCC") and has provided legal advice and assistance to HKCC in supporting one of its members in his fight with the Hong Kong Medical Council to seek the inclusion of F.A.C.C. (Fellow of the American College of Cardiology) as a quotable qualification in Hong Kong.
Unless a qualification is listed as a "quotable qualification" by the Hong Kong Medical Council, it cannot be quoted or otherwise referred to in the doctor's name card or other publications in Hong Kong. F.A.C.C. is a qualification held in high esteem by doctors, especially, cardiologists, worldwide, but the Hong Kong Medical Council has rejected the application for this title to be included in the list of quotable qualifications. The applicant sought a judicial review of the Hong Kong Medical Council's decision and the case was heard in the High Court of Hong Kong last October. In August 2011, the court decision was handed down and the court ordered that the Hong Kong Medical Council's decision be quashed, and issued an order of mandamus that the Hong Kong Medical Council reconsider and approve the qualification of F.A.C.C. and include it in the list of quotable qualifications. The court further awarded costs in the proceedings against the Hong Kong Medical Council. The decision was based on the finding that the Hong Kong Medical Council's decision was Wednesbury unreasonable, but the court did not decide upon the other ground, which is whether the inability of the applicant to quote his qualification breaches his right to freedom of speech.