A DOCTOR reprimanded by the Medical Council for unprofessional conduct by not reporting an alleged plan by others to steal drugs from Queen Mary Hospital has appealed against the decision. The Court of Appeal heard that Dr Lo Shing-kei, 38, was convicted in the District Court in 1989 of conspiracy to steal $70,000 worth of medicine and served nine months in jail. The conviction was overturned on appeal in 1990. However, in December 1990, Dr Lo was told his conduct was to be investigated on the basis of the criminal case although the Medical Council did not hear the matter until April last year. Yesterday Gerard McCoy, for the doctor, submitted that the Medical Council had amended the charge but had no power to do so. Dr Lo was accused of failing to report a plan by Dr Chan Kin-yip and Wong Tai-shin to steal drugs in July 1988. Mr McCoy said solicitors had for two years pointed out that the charge was wrong, as Mr Wong was not a conspirator at that time, but it had not been amended prior to being put to the Medical Council. By oversight, the law did not provide for the Medical Council to make any amendments, counsel said. He further argued that the evidence on which Dr Lo was found guilty of misconduct was inadmissible. The court heard that a transcript of the criminal case was evidence, but its reliability was challenged and the trial judge who took the notes, should have been called to testify. Mr McCoy also said that the evidence only disclosed that Dr Lo knew of a plan by Dr Chan and that he had no supporting evidence. The evidence proved that the plan was embryonic and he was entitled to believe it would not be carried out. Senior Crown Counsel Alan Sham, for the Medical Council, submitted that the council could amend the charge, that the evidence was admissible and it was a matter for the professional council whether Dr Lo's behaviour amounted to professional misconduct. The Court of Appeal, comprising Mr Justice Power, Mr Justice Litton and Mr Justice Liu, reserved its decision.