CO129-524-2 Hong Kong University- financial position- Chinese studies- future of the Chinese school and the Annual... 27-1-1930 - 12-8-1930 — Page 128

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These are all the allowances granted to members of the Staff and their value, ex- cluding (d), which is normally a landlord's liability, amounts to between $20 and $25 a month. As we have pointed out in paragraph 47 of this Report, members of the staff not occupying University residences are not entitled to these privileges, and we have recommended that rent allowances should be increased for this amongst other reasons.

We consider that these allowances should be continued.

52. It was also represented to us that the Clinical Professors are forced to use their own cars to enable them to attend readily at the Government Civil IIospital. It seems to us that some part of the expense of keeping up a car might be met by the University, and we recommend an allowance of $25 per mensem to each of the Clinical Professors for this purpose.

(i).-Private Consulting Practice.

53. This matter was originally dealt with in Statute 3, Paragraph 11, in the Second Schedule to the University Ordinance, 1911, in the following terms:-

"The professors and lecturers whose services are exclusively at the disposal of the University shall not, during the tenure of their appointments, engage in private professional practice except at the request of and in consultation with a private practitioner in general practice in the Colony."

The terms of this paragraph of the Statute are quite clear; no professor other than one who is a member of the Medical Faculty comes within the privileges given by paragraph 11 of Statute 3 in its original form. As is well known, there existed in Hong Kong, prior to the creation of the University, a College of Medicine which conferred medical degrees and was staffed by doctors in private practice in the Colony. When the establishment of a University was being discussed the incorporation of the College of Medicine in the University was mooted and, with the consent of the Senate of that institution, was carried into effect. But this consent was only given subject to the condition, amongst others, that there should be included in the statutes a rule in the terms of paragraph 11 of Statute 3 in the schedule to the University Ordinance, 1911. In formulating this condition, the Chairman of the Senate of the College of Medicine wrote as follows in his letter to the Colonial Secretary of the 15th June, 1910:-

"New Clause 5 :-

The University agrees to prohibit the whole-time Lecturers and the Medical Professors from engaging in the practice of either Medicine, Surgery or Obstetrics in Hong Kong except at the request of and in consultation with a private medical practitioner in general practice in the Colony

desire to make it very clear that they regard the amendments proposed in this letter as essential conditions of the incorporation of the College with the University.'

The Senate

54. Under his Agreement, dated 27th April, 1928, with the University, the Taikoo Professor of Engineering is entitled to take private consulting practice and to retain any fees earned in this way; though, strictly speaking, the permission given by this Agreement would appear to involve a breach of the provision of paragraph 11 of Statute 3 as set out in the Second Schedule to the University Ordinance, 1911.

55. Towards the end of 1927, the Professor of Chemistry was approached, through the Registrar, by the China Light and Power Co., Ltd., with a view to the analysis of a sample of bituminous coal. It was pointed out by Professor Byrne that, by a Resolution of the Council of the 6th April, 1916, he was prevented from undertaking this work, but eventually this resolution was rescinded and the Council on the 10th February, 1928 "approved the principle that the Professors of Chemistry and Physics should be allowed to take consulting work provided that such work could be undertaken without detriment to the work of the University and provided that no additional cost to the University was incurred."

56. It will be thus seen that consultative work in the case of the medical pro- fessors, às sanctioned by paragraph 11 of Statute 3 in the Second Schedule to the University Ordinance, 1911, is limited to work at the request of and in consultation with a private

practitioner in general practice in the Colony; while in the case of the Professors of Chemis- try and Physics it would include work done at the instance of a Company, firm or in- dividual as in the instance given in paragraph 55 of this Report.

57. This distinction becomes important in view of the change made in the terms of paragraph 11 of Statute 3 as it appears in the Second Schedule to the University Ordinance. 1911, because by Governnent Notification No. 333 in the Hong Kong Government Gazette No. 27 of the 15th June, 1928, this paragraph 11 was repealed and another substituted in the following terms:-

"Professors and Lecturers whose services are exclusively at the disposal of the University shall not, during the tenure of their appointment, engage in professional practice except in a consultative capacity and with the ap- proval of the University Council".

58. So far as Professors other than those of the Medical Faculty are concerned it would appear that their position is not affected and that they would be able, with the approval of the University Council, to take work if they are approached by any Company, firm or individual. But what is the position of the Medical Professors? The condition laid down by the Senate of the College of Medicine, set out in paragraph 53 of this Report, presumably still holds good; and, according to medical rule and practice, the work of a consultant is certainly different from that of a general practitioner to whom the patient goes directly.

59. It was urged before us that, according to the present connotation of the term "consultant", it has practically the same meaning as specialist; and that there is nothing. either in the terms of the amended paragraph 11 of Statute 3, nor in any rule of the University, to prevent a medical professor from opening an office and seeing patients at first hand in the way that a specialist does in Harley Street.

GO. In support of this meaning of the term consultant our attention was drawn to an article on "Consultant and Specialist Practice" on p. 385 of the British Medical Journal of the 31st August, 1929, and to the views of Dr. Saundby, Professor of Medicine In the first named in the University of Birmingham, in his book on "Medical Ethics.' article it stated that "It is impossible, however, to draw a sharp line between consulting practice and specialist practice. Most general consultants, whether medical or surgical, are specialists in some branch of their practice, and most specialists are consultants in the sense that their work largely comes to them through the recommendation of general practitioners, with whom they act (or should act) in a consultative capacity." The words in italics show clearly that, where a medical man acts in a consultative capacity, the patient should go to him, not directly but, through the recommendation of a general practitioner; or, in other words, that the terms used in paragraph 11 of Statute 3, as it originally appeared in the Second Schedule to the University Ordinance, 1911, correctly describe the conditions under which a medical man, acting in a consultative capacity, must proceed. The other portions of the extract above quoted merely relate to the course of procedure of consultants who are also specialists and specialists who are also consultants, but does not affect the position of a medical man who, by the terms of his appointment in the conditions of his service, is limited to private practice in a consultative capacity according to the terms of the existing amended paragraph 11 of Statute 3.

61. We have also considered the terms used by Dr. Saundby in his work on "Medical Ethics" and we are of opinion that our comments on the article in the British Medical Journal of the 31st August, 1929, are equally applicable to his remarks.

62. It is also to be remembered that any other interpretation, than the one we have placed on the terms of the existing amended paragraph 11 of Statute 3, would certainly be regarded as a breach of the conditions laid down by the Senate of the College of Medicine and referred to in paragraph 53 of this Report.

63. As to the advisability of allowing Professors and Lecturers, whose services are exclusively at the disposal of the University, to act in a consultative capacity as we have defined it, we recommend that the required permission should be given where, in the opinion of the Council, no harm or inconvenience is likely to happen to University interests.

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