HCAL 1198/2024

[2024] HKCFI 2182

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 1198 OF 2024

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DECISION ON COSTS

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A. Introduction

1. These proceedings arose from the Applicant’s participation as a part-time student in the Advanced Diploma in Orthodontics (“ADO”), a two-year course at the University of Hong Kong (“HKU”). She enrolled on that course in September 2023. Other than being a part-time student, the Applicant has been a registered dentist in private practice in Hong Kong, since 2016.

2. As a student of the ADO course, the Applicant has clinical privileges when performing dental clinical work at the HKU Institute for Advanced Dentistry Multi-Specialty Clinic (“Clinic”). As a student, she is under the constant supervision of senior members of the Faculty of Dentistry.

3. On 25 April 2024, a clinical incident (“Incident”) occurred when the Applicant was treating a particular patient. The details of the Incident need not be rehearsed for present purposes. The Applicant properly completed an Incident Report detailing the Incident, including actions taken to minimise risk to the patient, which report was signed by her supervisor.

4. Following the Incident, a decision was communicated to the Applicant by letter dated 6 May 2024 (“Decision”), suspending the Applicant’s clinical privileges at the Clinic. The Decision referred to the Incident, and then stated:

Upon a preliminary review of all available information, there is prima facie concern over your performance in the case. Due to the severity of the incident, and Enquiry Panel will be established to look into the matter. In this connection, a suspension of your clinical privilege at [the Clinic] will take effect immediately as soon as practicable and until further notice. This suspension is without prejudice and does not constitute an admission of any wrongdoing or liability on your part.

During the investigation period, you are prohibited from performing any chair side treatments. That said, you will be allowed to continue with back-end clinical treatment planning, background data analysis, and other related tasks. Also, it is essential that you refrain from contacting any of your [Clinic] patients until the outcome of the investigation is known.

5. On 10 May 2024, the Applicant made written representations to the Senate of the HKU stating that there was no wrongdoing on her part, and requesting for resumption of her clinical privileges immediately.

6. On 13 May 2024, a meeting convened by the Enquiry Panel took place, at which the Applicant provided further information in relation to the Incident. This followed her receipt of an email from HKU on 11 May 2024, informing her that if she would like to provide additional information she may send it or bring it to the Enquiry Panel. At the conclusion of the meetin