Tung's daughter-in-law faces misconduct review
The Medical Council has gone to court in an effort to overturn a decision by its disciplinary panel to acquit the daughter-in-law of former chief executive Tung Chee-hwa on a charge of professional misconduct.
A High Court writ issued in the name of the council secretary says the acquittal of Dr Fuong Rulin in May was perverse, unreasonable and wrong in law.
In a ruling it described as "unfortunate", the panel acquitted Fuong citing a lack of evidence, while describing her conduct as "completely unacceptable".
Fuong, a general practitioner, is the wife of Tung's eldest son, Andrew Tung Lieh-cheung.
The panel heard that she used the title "specialist in paediatrics" on a printed receipt, even though she was not on the specialist register. It acquitted her because the prosecuting officer could not provide the original receipt.
An anonymous person sent the complaint via e-mail to the council in February 2011. A copy of the receipt was included but the patient's name and details were omitted to maintain confidentiality. The complainant was not called to give evidence.
In a writ filed in the Court of First Instance, the council secretary says the panel erred in law by saying there was insufficient evidence that the receipt had actually been issued to a patient.
"The council wrongfully failed to take into account the circumstantial or inferential evidence … that Dr Fuong had issued the official receipt," the document says.
Fuong, who practises at the Central Health Medical Practice in Central, said an error in her computer accounting system resulted in the title being printed below her name on the receipt.