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Mary Ann Benitez

In the face of accusations it has lost credibility, the Medical Council yesterday defended its not-guilty verdict concerning a surgeon who used a mobile phone while performing an operation.

After a 14-hour hearing on Wednesday, a nine-member panel cleared Dr Tung Hiu-ming of misconduct for having a phone conversation while performing surgery to remove polyps from Chung Chi-cheong's large intestine on May 13, 1999, in Queen Mary Hospital. Mr Chung, 47, a taxi driver, had an emergency operation for a perforated bowel a day later.

The council found that the perforation was not the result of Dr Tung's telephone conversation.

Ho Hei-wah, a spokesman for the Patients' Rights Group, said it was clear 'the Medical Council totally has no credibility any more'. 'It has always been doctors covering doctors. It's very clear to the public how the council protects doctors.'

Last year Dr Tung received a warning and his promotion and pay rises were suspended for five years after an inquiry by the Hospital Authority's Public Complaints Committee.

Mr Chung, said last night: 'I stand by everything I said in my original complaint. However, I am not going to say much about the verdict delivered by the Medical Council.'

His lawyer was now considering if there were grounds to file a civil case to seek damages with the legal aid that had been granted previously.

The chairman of the Medical Council, Dr Lee Kin-hung, said the council hearing was conducted in public and the decision unanimous. 'We considered the evidence and we were all convinced that all Dr Tung did was answer the telephone call with one sentence, nothing else.'

He said the council considered Mr Chung unreliable 'not because he was dishonest' but because he had been under sedation at the time.

Dr Lai Kang-yiu, the president of the Public Doctors' Association, said the authority had a duty to review its decision in light of the hearing. He said the case highlighted the manpower problem in public hospitals because senior doctors used mobile phones so junior doctors could contact them in case there were problems in wards.

The authority said last night its complaints committee had noted the verdict.



Verdict on doctor who used phone in operation defended