PUI HING SANG V. MEDICAL COUNCIL OF HONG KONG

[2025] HKCA 387 Court of Appeal 7 May 2025 • CACV34/2024 • 15 min read

4 cases cited (0 HK, 4 foreign)

Outcome

Appeal dismissed

the appeal is dismissed.

Source: [2025] HKCA 387, Court of Appeal, decided 7 May 2025. Read directly from the judgment.

Judges (2)

G Lam Coram K Yeung Coram

Counsel (2)

Department of Justice Firm Siu Ka Man, Carmen Counsel Respondent

Parties (2)

The Medical Council of Hong Kong Putative Respondent Pui Hing Sang Applicant

Case Significance

Pui Hing Sang v Medical Council of Hong Kong [2025] HKCA 387, decided by the Court of Appeal on 7 May 2025, raised an argument under Article 25 of the Basic Law in a challenge to a decision of the Medical Council of Hong Kong. The proceedings followed the applicant's earlier challenge before the Court of First Instance, Pui Hing Sang v Medical Council of Hong Kong [2024] HKCFI 153. The Court of Appeal held that 'the appeal is dismissed.'

Summary

Pui Hing Sang, a medical practitioner acting in person, appealed the refusal of leave to apply for judicial review of a Medical Council decision concerning his internship application. The appeal raised issues about the transition from the Licentiate Examination to the new Licensing Examination regime for non-locally trained doctors. The Court of Appeal dismissed the appeal and awarded costs of $75,000 to the respondent.

What did the Court of Appeal decide in Pui Hing Sang v Medical Council of Hong Kong [2025] HKCA 387?

The Court of Appeal dismissed the appeal, holding that 'the appeal is dismissed.' The appeal had raised an argument under Article 25 of the Basic Law against a decision of the Medical Council of Hong Kong, following the earlier Court of First Instance ruling in [2024] HKCFI 153.

What was the underlying dispute in Pui Hing Sang v Medical Council of Hong Kong [2025] HKCA 387?

The dispute concerned a challenge to a decision of the Medical Council of Hong Kong, argued under Article 25 of the Basic Law. The Court of First Instance had earlier considered the matter in Pui Hing Sang v Medical Council of Hong Kong [2024] HKCFI 153 before the appeal reached the Court of Appeal.