However, Tse, who is attending a conference in Indonesia, said he has mixed feelings about the ruling, since he had to go to court to get justice instead of receiving it from the council.

Tse had been ousted from his two council posts - as member and ethics committee chairman - for failing to declare a driving conviction prior to the council elections in August 2008. Court of First Instance Judge Carlye Chu Fun- ling ruled yesterday that Tse was lawfully elected to the council, and awarded him legal costs.

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In a statement, the Medical Council said it accepted the court order that its Medical Practitioners (Election Provision, Procedure) Regulation, which had been applied to remove Tse, was unconstitutional and should be nullified.

The council also announced it would reinstate Tse' membership.

"I am not surprised with the result. I am happy because justice is being done, proving that the legal system in Hong Kong is still intact," Tse said in a statement. "I feel sad at the same time because I can only get justice from the court, but not from the Medical Council."

In a telephone interview with The Standard, Tse said he would seek to reform the council after his return to his posts.

Former Hospital Authority director Ko Wing-man, who is now in private practice, is in a similar position.

He admitted having a careless driving record and had been told by the Medical Council a few years ago that he was disqualified from running for election.

However, Ko said he would not take any action against the council despite yesterday's ruling. Neither does he have any plan to run for the next council election.

"What I can say is that the council's regulation is really outdated," Ko said.

Tse had been elected to a three-year term on the council from January 2009 to January 2012.

Tse sought a judicial review after he was disqualified from his positions after it came to light that he had been convicted of careless driving in July 2008 and fined HK$1,000.

He argued the restriction for election was disproportionate to the minor traffic offense he had committed.