DR LEUNG KA LAU V. THE MEDICAL COUNCIL OF HONG KONG

[2025] HKCA 140 Court of Appeal 13 February 2025 • CACV63/2023 • 41 min read

11 cases cited (0 HK, 11 foreign)

Outcome

Appeal dismissed

I would dismiss the appeal with costs to the Council together with certificate for two counsel.

Source: [2025] HKCA 140, Court of Appeal, decided 13 February 2025. Read directly from the judgment.

Judges (3)

Au Coram Cheung Coram Kwan Coram

Counsel (6)

Department of Justice Firm Howse Williams Firm Abraham Chan Counsel Appellant Danny Tang Counsel Respondent Jin Pao Counsel Respondent John Cheung Counsel Appellant

Parties (2)

The Medical Council of Hong Kong Respondent Dr Leung Ka Lau Appellant

Case Significance

DR LEUNG KA LAU V. THE MEDICAL COUNCIL OF HONG KONG [2025] HKCA 140 is a Court of Appeal decision engaging Article 27 of the Basic Law. The court held: 'I would dismiss the appeal with costs to the Council together with certificate for two counsel.' The judgment draws on Court of Final Appeal authority, including THE HONG KONG HOUSING AUTHORITY V. INFINGER, NICK (and 1 other) [2024] HKCFA 29, together with earlier Hong Kong Court of Final Appeal Reports authorities reported at (2010) 13 HKCFAR 248, (2012) 15 HKCFAR 362, (2016) 19 HKCFAR 372 and (2024) 27 HKCFAR 434. Further authorities considered include the Hong Kong Cases reports at [2011] 6 HKC 378 and [2006] 4 HKC 157, the Hong Kong Law Reports and Digest at [2022] 3 HKLRD 155 and [2008] 3 HKLRD 524, and overseas authorities reported at [2022] 1 WLR 4987 and [2015] AC 1430.

Summary

Non-refoulement claimant sought to appeal against the refusal of leave for judicial review of the Board's decision. The applicant's grounds were unsupported by evidence. The appeal was dismissed.

What did the Court of Appeal decide in DR LEUNG KA LAU V. THE MEDICAL COUNCIL OF HONG KONG ([2025] HKCA 140)?

The Court of Appeal dismissed the appeal, holding: 'I would dismiss the appeal with costs to the Council together with certificate for two counsel,' in a decision engaging Article 27 of the Basic Law, [2025] HKCA 140.

Which Court of Final Appeal case did the court refer to in DR LEUNG KA LAU V. THE MEDICAL COUNCIL OF HONG KONG ([2025] HKCA 140)?

The judgment refers to THE HONG KONG HOUSING AUTHORITY V. INFINGER, NICK (and 1 other) [2024] HKCFA 29, alongside Hong Kong Court of Final Appeal Reports authorities spanning the years 2010 through 2024.

Does DR LEUNG KA LAU V. THE MEDICAL COUNCIL OF HONG KONG cite authorities beyond Hong Kong ([2025] HKCA 140)?

Yes. Alongside Hong Kong authorities, the judgment refers to overseas reports at [2022] 1 WLR 4987 and [2015] AC 1430, in addition to Hong Kong Law Reports and Digest citations at [2022] 3 HKLRD 155 and [2008] 3 HKLRD 524.

Statutes Cited

Basic Law

Art 27

Cases Cited (11)

UK (2)

[2015] AC 1430 [2022] 1 WLR 4987

HK (9)

(2010) 13 HKCFAR 248 (2012) 15 HKCFAR 362 (2016) 19 HKCFAR 372 (2024) 27 HKCFAR 434 [2006] 4 HKC 157 [2008] 3 HKLRD 524 [2011] 6 HKC 378 [2022] 3 HKLRD 155 [2024] HKCFA 29