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Mary Ann Benitez

The Hospital Authority could face a claim for $1 billion in compensate for rest days owed to its doctors over the past six years, a source within the profession said last night.

The disclosure follows a new Hospital Authority order that public doctors must be given a day off after working six days.

The Public Doctors' Association yesterday ended its consultation with 4,000 authority doctors on whether they wished to lodge complaints with the Labour Tribunal over outstanding rest-day compensation dating back up to six years.

The doctors were asked to return the letter to the association by yesterday's deadline.

Association president Leung Ka-lau would not go into details. 'We will explain this to the public at an appropriate time,' he said.

The authority's chief executive, William Ho Shiu-wei, met association council members on Monday to discuss the dispute.

'Dr Ho estimated the compensation owed to doctors might be $1 billion,' past association president Lai Kang-yiu said.

Dr Ho said the regulation imposing one rest day every seven days would be implemented at all hospitals from April 1.

Dr Lai said: 'I am a bit worried whether it can really be implemented. It might affect patient service because there might not be enough doctors.'

The legislator for the medical sector, Lo Wing-lok, said: 'I believe doctors have the right to lodge a complaint. I would respect whatever decision the Public Doctors' Association makes and see if I can help.'

He said a lot of mistrust had been generated between the authority and its doctors since grading reforms in 2000, when salary scales were changed and promotion prospects became grimmer.

'If there is such an amount of distrust, there should be a third party which is seen to be fair and just who should adjudicate. The Labour Tribunal might help to resolve the problem,' Dr Lo said.

He said the amount of compensation could not be estimated now as it would depend on how many doctors sought payouts.

A Labour Department spokesman said yesterday the statute of limitation for civil claims, including labour claims, ran out after six years. Under the Labour Ordinance, a worker employed under a continuous contract is entitled to not less than one rest day every seven days.

A Hospital Authority spokeswoman confirmed yesterday that the rest-day regulations would be implemented from April 1. She said it would try to ensure that patient services were not affected.

The authority said 304 new doctors had been recruited during this financial year and 312 in 2000-01.

maryann@scmp.com



Doctors may claim $1b for rest days owed over six years