Medical Council of Hong Kong
8
Discipline within the medical profession is the responsibility of the Medical Council of Hong Kong. The main function of the Medical Council is the maintenance of ethics, professional standards and discipline in the medical profession. It provides a Professional Code and Conduct to all registered medical practitioners to serve as the guidance. Paragraph 4 in Part II of the Council's Professional Code and Conduct is about "abuse of dangerous or scheduled drugs" and gives clear guidelines to medical practitioners on relevant provisions in the law, infringement of which may result in disciplinary proceedings.
The Medical Registration Ordinance and the Medical Practitioners (Registration and Disciplinary Procedure) Regulations provide the legal framework for the Council to take disciplinary proceedings against registered medical practitioners. In the past four years, a total of eight medical practitioners were successfully convicted and disciplined by the Medical Council on the basis of either conviction at court for the offence of failing to keep proper records of dangerous drugs, or for professional misconduct in prescribing drugs otherwise than in bona fide treatment.
A Working Group under the Medical Council of Hong Kong was set up in February 1995 to address the subject of "proper prescription and dispensing of dangerous drugs by registered medical practitioners". Recommendations were made at its meeting in February 1995 to strengthen the wording of Paragraph 4 of the Council's Professional Code and Conduct by adding a requirement for all medical practitioners to account for all dangerous drugs and to maintain proper records of all dangerous drugs. This will obviate the need for going through court proceedings before the Council could take disciplinary action against registered medical practitioners who fail to comply with the Dangerous Drugs Ordinance.
The Medical Council also intends to provide legal training to its members, so that its sentences are less likely to be overturned on appeal. The Council will increase the number of cases it hears to deal more swiftly with complaints against doctors accused of malpractice.
The way ahead
Mr President, the Government is determined to combat the illegal supply of drugs. Progress has already been made on the Forward Action Plan since the Summit in March. Amendments to the Drug Trafficking (Recovery of Proceeds) Ordinance are currently before this Council. So are proposals to raise the maximum penalty levels stipulated in the Pharmacy and Poisons Ordinance. We are proposing in the Administration of Justice (Miscellaneous Provisions) (No.2) Bill 1995 currently before this Council that the maximum penalties should be increased from a fine of $30,000 and imprisonment of 1 year to a fine of $100,000 and imprisonment of 2 years.
!