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20,000 pieces of needle-free paper expired on 10.12. The Medical and Health Bureau did not answer the legal basis. Lawyers’ materials are administrative measures.

2022-09-28T14:05:56.339Z

Seven private doctors were arrested on suspicion of spamming medical exemption certificates, and the case has not yet opened. However, the Hong Kong government announced yesterday (27th) that they will not accept more than 20,000 medical exemption certificates in total, and they will not be accepted. by 1



Seven private doctors were arrested on suspicion of spamming medical exemption certificates, and the case has not yet opened. However, the Hong Kong government announced yesterday (27th) that they will not accept more than 20,000 medical exemption certificates in total, and they will not be accepted. Expires on October 12.


"Hong Kong 01" has checked the relevant legal provisions, and there is no provision that mentions that "needle-free paper" may not be accepted for any reason, and its press release does not specify what the ordinance is to abolish the relevant "free paper". Needle paper", the bureau said there was no supplement.


Some members of the Medical Council estimate that whether to recognize certificates issued by doctors such as "needle-free paper" or sick leave certificate has always been the discretion of the Department of Health or the Medical and Health Bureau.

Some practising barristers believe that this is a policy decision to use administrative means to invalidate the relevant needle cards, while another chairman of the patient organization who is also a lawyer pointed out that it is unknown what legal basis the Medical and Health Bureau used to invalidate the relevant needle cards. , but believe the government has its legal justification.


The "Medical Exemption Certificate for New Crown Vaccination" issued by seven doctors suspected of spamming "needle-free paper" will expire on October 12.

▼On September 20, Yau Ma Tei Western Medicine opened 2,000 "needle-free papers" and was arrested▼


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Medical and Health Bureau: Failure to properly comply with DH guidelines when issuing needle-free paper

The Hong Kong government took the lead in announcing yesterday (27th) that seven doctors arrested for spamming "needle-free paper" issued a total of more than 20,000 medical exemption certificates. These "needle-free paper" will expire on October 12.

According to the press release, the move is because the Medical and Health Bureau has reasonable grounds to suspect that the above-mentioned private doctors have not properly followed the guidelines of the Department of Health to issue medical exemption certificates, and therefore will no longer accept the medical exemption certificates issued by the relevant doctors in the past. Proof that the holder is not suitable for the new crown vaccine.

"Hong Kong 01" checked the "Physicians Registration Ordinance" and "Physicians (Registration and Disciplinary Procedure) Regulations" that currently supervise doctors, and found no provisions mentioning the circumstances under which a certificate issued by a doctor will become invalid.

As for the "Code of Practice for Registered Medical Practitioners in Hong Kong", it is stipulated that if a doctor issues a false or misleading statement or other improper certificate in his professional capacity, he will face disciplinary proceedings, but the provision states that before the disciplinary hearing, the doctor will face disciplinary proceedings. The certificate issued will be invalid.

As for the Prevention and Control of Disease (Vaccine Pass) Regulation, there is also no provision for the Government to invalidate some specified medical exemption certificates if there are reasonable grounds for suspicion.

As for the Prevention and Control of Disease (Vaccine Pass) Regulation, it is also not specified that the Government may invalidate some specified medical exemption certificates if there are reasonable grounds for suspicion, but the Regulation does specify that the Director may specify any notice or the form of the certificate.

If the bureau is revising under this regulation, it only means that the vaccine passport does not recognize the relevant "pin-free paper", not the invalidation mentioned in the press release.

Leung Tsz-chao, a member of the Medical Council and a specialist in the Department of Respiratory Medicine, believes that whether to recognize "needle-free paper" is a discretionary decision of the Department of Health.

(File photo / Photo by Lin Ruoqin)

Leung Tsz-chao: Whether to recognize "needle-free paper" is an administrative decision of the Department of Health

Leung Chi-chao, a member of the Medical Council and a specialist in the Department of Respiratory Medicine, said that in the past, if a doctor was involved in a criminal offence, the Medical Council would usually conduct a disciplinary hearing on a complaint against a doctor after a judgment was made. "Even if the police decide not to prosecute, they will Or if you don’t get in, the medical committee will review it.”

He was asked if there had been any medical practitioners who had been rejected by the Department of Health because of suspected fraudulent certificates issued before the disciplinary hearing.

Liang Zichao said that whether to admit "needle-free paper" is an administrative decision of the Department of Health, but agreed that in the past, if the case had entered judicial proceedings, government departments would rarely comment and provide information to the public. Hygiene considerations.

Practicing barrister Lu Weixiong.

(File photo/Photo by Luo Junhao)

Practicing barrister: Holders of needle-free paper can claim compensation from the doctor involved

Practicing barrister Lu Weixiong also believes that this is a policy decision by the Medical and Health Bureau, and the relevant needle paper will be invalidated by administrative means.

He said that if the interests of the public are harmed by this policy, if there is a real medical need to go to the relevant clinic to issue a needle-free paper, they can claim compensation from the doctor, but he believes that there may not be enough legal basis to claim compensation from the government, "because the Medical and Health Bureau "Iga is a policy decision." If the doctor is found not guilty in the future, the doctor can claim compensation from the government for this.

Lin Zhijiao, chairman of the Patient Policy Connection, who is a lawyer, said that he did not know what legal basis the Medical and Health Bureau used to make the relevant needle card invalid, but if the "Prevention and Control of Disease (Vaccine Pass) Regulation" was used to change and specify any announcement or the form of the certificate, the legal authority of which shall be limited to the vaccine passport.

The chairman of the Patient Policy Link, Lin Zhijiao, said that if the "Prevention and Control of Disease (Vaccine Pass) Regulation" changes the format of any notice or certificate specified, its legal authority should be limited to the vaccine pass.

(File photo/Photo by Huang Baoying)

The Department of Health suspends 7 doctors who are involved in spam-free issuance of needle-free paper. The article sees that eight categories of people can be issued with needle-free paper. Spam will invalidate patient organization: Chilling effect makes it more difficult to exempt needle-free paper|More than 20,000 sheets of spam-issued 10.12 invalidation OGCIO will update scanners to prevent entry into restaurants Lin Zhaoxin, former dean of the Faculty of Medicine of the University of Hong Kong

Source: hk1

All news articles on 2022-09-28

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