A doctor struck off the medical register for theft and improper drug labelling is taking the Medical Council to court for refusing to let him return to practice. The council removed Kwan Chee-keung, 47, from the general register for nine months from September 1998. On September 28 this year, the council rejected his application for re-registration while also hearing a fresh complaint of professional misconduct against him, which it upheld. In a High Court writ filed on Wednesday, the doctor sought leave to apply for a judicial review of that decision. The writ says the council 'wrongfully and irrationally' refused to re-register him and failed to give 'any, or any adequate, reasons' for doing so. 'Further, the actual period of de-registration is grossly disproportionate to either or both of the episodes of misconduct established against the applicant and is therefore irrational,' it says. The fresh complaint of professional misconduct involved an allegation Dr Kwan twice mislabelled and dispensed the wrong medicine to a patient in March 1998. The writ says that when hearing the complaint, the council members asked Dr Kwan irrelevant and prejudicial questions, including about the maintenance of clinical records and the information he filed in his tax returns. Dr Kwan is asking the court to quash the council's refusal to re-admit him and to direct it to rehear his application. The doctor was first struck off after being found guilty in February 1996 of stealing a colleague's credit card and using it to buy crystal worth $40,000. From September 1998, he was suspended for nine months after disciplinary proceedings by the council over failing to correctly label a child's medicine.