Ombudsman finds systemic problems, long delays in Medical Council complaint handling

A direct investigation by the Office of the Ombudsman has found systemic problems and excessive delays in the administrative support provided for complaint handling by the Secretariat of the Medical Council of Hong Kong (MCHK).

The Ombudsman said several systemic issues and deficiencies were identified in the management and operation of the council’s complaint-handling and monitoring mechanism.

While the Secretariat provides administrative support, the Ombudsman stressed that the MCHK, as the statutory authority empowered under the Medical Registration Ordinance, bears the primary responsibility for handling complaints against medical practitioners.

According to the report, from 2020 to 2025 the MCHK completed 263 cases by inquiry, with more than 75 percent resolved within five years. However, some cases took significantly longer, including 11 that required between 10 and 15 years to conclude, indicating that the council’s complaint-handling efficiency fell short of acceptable standards.

As of December last year, there were 895 unresolved complaints. About 84 percent had been pending for less than two years, but some had remained outstanding for extremely long periods. One case was still at the initial consideration stage by a Preliminary Investigation Committee seven years after being received.

The Ombudsman noted that the current overly lengthy process for investigating and disciplining complaints against medical practitioners falls far short of public expectations and has a severe impact on, and is unfair to, both complainants and complainees.

The Office called for an urgent and comprehensive review of the complaint-handling process, saying substantial improvements are needed. It made 21 recommendations, including urging the Secretariat to support the MCHK in developing administrative guidelines to ensure the complaint-handling mechanism operates effectively.

The Ombudsman also found that the Department of Health did not consult the MCHK when assessing the performance of Secretariat staff, reflecting insufficient communication between the two bodies.

It recommended that the department and the MCHK establish a regular communication mechanism for reviewing staff performance and set objective assessment criteria, such as case-handling efficiency and backlog levels.