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Ombudsman accused of not fulfilling duty

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Accusations of medical neglect yesterday sparked a landmark legal battle over the powers of Hong Kong's Ombudsman.

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Patient Tony Ong Kin-kee claimed Andrew So Kwok-wing failed in his duties as Ombudsman by refusing to investigate his complaint against two doctors.

Mr Ong said he was upset that neither practitioner told him the cause of his skin condition, nor did they run tests to discover it.

Last December the Ombudsman's office told Mr Ong this was a matter of professional judgment, and therefore lay outside the scope of Mr So's powers.

Mr Ong yesterday challenged the decision in the Court of First Instance.

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'This is the first time the Ombudsman is accused of not using his power,' barrister Christopher Lam, for Mr Ong, said.

He warned there would be 'dire consequences' if the courts 'straitjacketed' the Ombudsman by accepting a restrictive definition of his duties.

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