Clarification on advertising ban is essential, group says
The Medical Council is to appeal against a ruling that its ban on advertising by doctors is unconstitutional.
Twenty of the council's 28 members were present at a meeting yesterday and unanimously voted to appeal, saying the issue affected more than just doctors' interests.
They said a clarification from the higher courts was essential in striking a balance between freedom of expression and appropriate restrictions in the public interest.
Court of First Instance Justice Mr Justice Anselmo Reyes found last month that sections of the council's code on professional conduct violated Basic Law provisions on freedom of speech and the Bill of Rights Ordinance.
The judicial review was initiated by Kwong Kwok-hay, assistant medical superintendent of the Hong Kong Sanatorium and Hospital, who said a blanket ban was unnecessary and too broad.
Mr Justice Reyes said the ban on advertising in the code interfered with a 'guaranteed right' and it was incumbent upon the Medical Council 'to give cogent reasons for justifying the infringement'.
