OVERWROUGHT complainants must have the right to give evidence against doctors in camera, despite the criticisms of a High Court judge, a Medical Council spokesman said yesterday. Mr Justice Sears attacked the council this week for agreeing to hear, behind closed doors, the evidence of witness Fung Ka-po about plastic surgery performed by Dr Kenneth Leung Kam-chung. Ms Fung had told the council how her legs became lumpy and her nose crooked under the knife of Dr Leung. But Mr Justice Sears said the case did not fall 'within the ambit of rare cases which entitle the Medical Council to shut out not only the public, but the press'. The Legal Department is understood to be considering an appeal against the judge's granting of a permanent injunction to stop the case proceeding further. A Medical Council spokesman said the decision to hear evidence in camera was taken because Ms Fung was obviously under great stress. 'The woman originally gave evidence in public, but she became so nervous,' the spokesman said. 'She lowered her head and lowered her voice, and we felt she was about to break down in front of the press, so the council acceded to her request to give evidence in private. 'We had no way to ask the defendant, because he did not appear. 'We try to be fair to everybody, but there must come a point when we protect the witness - the woman was a victim.' It is believed future complainants might shy away from reporting 'black sheep' doctors because of the potential embarrassment of testifying. The Medical Council served the interests of doctors, but also protected the public where necessary, the spokesman said.
