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[Complaint]

THE VETERINARY SURGEONS BOARD OF HONG KONG

How the Veterinary Surgeons Board Deals With
Complaints Alleging Professional Misconduct or Neglect by
Registered Veterinary Surgeons

Foreword  
 
  1. 
The Veterinary Surgeons Board of Hong Kong (¡§the Board¡¨) is a statutory body established under the Veterinary Surgeons Registration Ordinance Cap. 529 (¡§the Ordinance¡¨) for the regulation of the practice of veterinary surgery in Hong Kong. One of its statutory functions is the disciplinary control of the professional activities of registered veterinary surgeons.
     
  2. 
The purpose of this leaflet is to outline to the general public how a complaint alleging professional misconduct or neglect by a registered veterinary surgeon should be made to the Board, and how the complaint is dealt with upon receipt by the Board.
     
  3.
It should however be noted that this leaflet is compiled for general reference only and does not have any statutory status. If you want to know more about the complaint procedure and the Board's disciplinary power and function, please refer to the relevant provisions in the Ordinance and also to the Veterinary Surgeons Board (Disciplinary Proceedings) Rules. You may wish to visit the following website : www.vsbhk.org.hk.
 
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How to make a complaint.
 
  4. Complaints must be in writing and sent to the Secretary of the Board at:
     
    The Veterinary Surgeons Board of Hong Kong
5/F, Cheung Sha Wan Government Offices
303 Cheung Sha Wan Road,
Kowloon
     
   
The Board accepts written complaints made in either Chinese or English. Complaints made in either language are dealt with in the same way and with equal priority.
     
   
To facilitate the processing of your complaint, you should include the following information in your complaint letter:
     
   
(a) 

The name (if any), breed, age and sex of the animal;

   
(b)
The license number of the animal if it belongs to the species of animal which must be licensed, such as dogs (N.B. All dogs, once they reach 5 months, must have a license and a microchip implant, and be vaccinated against Rabies; otherwise, the keeper of the dog shall be guilty of an offence and liable to a fine of HKD10,000 and to imprisonment for 6 months. The Board is obliged to refer a suspected offence of non-registration of animal to the appropriate authority for follow-up action.);
   
(c)
The name(s) of the registered veterinary surgeon(s) against whom you are complaining;
   
(d)
The sequence and details of events that lead to your complaint;
   
(e)
The matters/issues that you consider improper/inappropriate and which form the bases of your complaint;
   
(f)
The medical reports/records/X-ray films/laboratory reports/post-mortem report, if any, of your animal which relate to the complaint;
   
(g)
Your name, contact address, telephone number and fax numbers;
   
(h)
Name and contact details of any witness to the event who can support your complaint; and
   
(i)

Any other information that you consider relevant.

     
   

The Board Secretariat will acknowledge receipt of your complaint within 10 working days of its receipt.

 
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What happens after you have made a complaint
     
  5.
After receiving your written complaint, the Secretary of the Board will forward it to the Preliminary Investigation Committee (PIC) of the Board for consideration. The PIC may need to contact you to ask for clarifications and further information or documents about your complaint. The PIC will usually also require you to make a statutory declaration in support of the allegations contained in your complaint. You should state only the truth in the statutory declaration, for it is a criminal offence to make a false declaration.
     
  6.
The PIC will then decide, on the basis of the information and materials supplied by you, whether your complaint should proceed further. If the PIC decides that your complaint should not proceed further, it will tell you why. If it decides to proceed further with your complaint, then your letter of complaint, your statutory declaration and other documents supplied by you in support of your complaint will be sent to the veterinary surgeon whom you are complaining against for his comments. He will be given an opportunity to give an explanation or make representations about the allegations against him. The PIC may also carry out other investigative work such as obtaining opinion from an independent expert in the field or area which is the subject matter of your complaint. Very often, the PIC has to look for overseas experts. In the course of the investigation, the PIC may have to contact you again from time to time for clarifications and further information.
     
  7.
The PIC meets in private and, under usual circumstances, neither you nor the veterinary surgeon complained against is required to attend its meetings.
     
  8.
After completion of its investigations the PIC will consider what to do next on the basis of the information and documents supplied by you, the explanation and submissions of the veterinary surgeons complained against, the opinion of the independent expert (if any), and other relevant evidence gathered in the course of the investigation. The PIC may decide that :
     
   
(a)  

The complaint should be referred, either in whole or in part, to the Veterinary Surgeons Board for an inquiry to be held; or

 
(b)
The complaint should not be referred to the Veterinary Surgeons Board for an inquiry to be held; or
   
(c)
The complaint should not be referred to the Veterinary Surgeons Board for an inquiry to be held, but that a letter of advice should be issued to the registered veterinary surgeon complained against.
     
  9.
If the PIC decides that the complaint should not be referred to the Veterinary Surgeons Board for an inquiry to be held, whether or not a letter of advice is to be issued, you will be notified and told why.
     
  10. 
If the PIC decides to refer a complaint to the Veterinary Surgeons Board for an inquiry to be held, the Secretary of the Board will make necessary arrangements for an Inquiry Committee to be convened for the purpose of holding the inquiry. You will be notified about the date, time and place of the inquiry, and you will usually be called upon to give evidence before the Inquiry Committee. Evidence will usually be given under oath. The veterinary surgeon whom you complain against will also be present in the inquiry and he or his legal representatives will be given an opportunity to ask you questions relating to your complaint. He or they may also adduce evidence and make submissions in defence.
     
  11.  
At the conclusion of the inquiry, the Inquiry Committee will determine whether the veterinary surgeon complained against is guilty of misconduct or neglect in any professional respect. If he is found guilty, he may be punished by way of one or more disciplinary orders. These may include the removal of his/her name from the register of registered veterinary surgeons, either permanently or for a specified period of a maximum of two years; an order of reprimand; or any other order as the Inquiry Committee thinks fit. You will be informed in writing about the outcome of the inquiry.
     
  12.  
The Board only has jurisdiction over registered veterinary surgeons. It has no jurisdiction over persons who are not registered veterinary surgeons, such as persons practicing illegally as veterinary surgeons (which is a matter for the police), and pet shop operators.
     
  13.
The Board also has no jurisdiction over claims for refund or compensation. If you wish to seek monetary recompense from the veterinary surgeon, you will have to do so through separate civil proceedings. You should seek advice from your own lawyer in that respect.
 
Other matters that you may need to know
     
  14.
The Board, in the handling of complaints against registered veterinary surgeons, plays a quasi judicial role. It has a duty to remain impartial and to be even-handed in dealing with both the complainant and the registered veterinary surgeon who is the subject of complaint. It is committed to investigate and consider every complaint fairly and thoroughly. While the Board always tries its very best to process every complaint expeditiously, you should bear in mind that a thorough investigation takes time and, depending on the complexity of the case, it generally takes months or even longer before a case can be concluded. You are requested to allow the Board sufficient time to carry out its duties properly. You are also requested to be fully cooperative with the Board when the Board approaches you for further information, documents and evidence, and to appear before the Inquiry Committee to testify. Your patience, understanding and cooperation are indispensable in the fair disposal of disciplinary proceedings.
     
  15.
The Board is committed to upholding a high ethical and professional standard of veterinary surgeons. It has no hesitation in imposing appropriate punishment upon veterinary surgeons who are found negligent in the provision of veterinary services to the public or whose conduct has fallen short of standard expected amongst veterinary surgeons. It is, however, to be borne in mind that veterinary science is not an exact subject. In veterinary practice, a given set of signs may, for instance, indicate not one, but several possible diagnoses. There are generally accepted medical methods of attempting to arrive at the correct diagnosis and administering and/or prescribing appropriate treatment(s). Providing a veterinary surgeon has adopted an acceptable standard of veterinary practice, the fact that an incorrect diagnosis has been made is not, of itself, an indication of professional neglect or misconduct. This is particularly so if the signs presented by the patient fit the diagnosis.
     
  16.
Similarly, an unsatisfactory outcome of a medical or surgical procedure is not necessarily an indication of incompetence or negligence on the part of the veterinary surgeon. Whilst there are general similarities in the body structure of animals and the way animal body's system works, there are sufficient variations in these areas to cause unforeseen or unforeseeable problems in some animals even with the best of medical/surgical/veterinary expertise being applied.
     
  17.
In some cases, a veterinary surgeon is alleged to have been negligent in the course of treatment of an animal causing its death. Complainants are reminded that, in such cases, it is important that a post-mortem examination be conducted on the animal and a detailed report obtained so that the cause of its death can be ascertained. This could either be performed by or arranged through the attending veterinary surgeon. Otherwise, it may be difficult to collect sufficient evidence afterwards to prove neglect or misconduct on the part of the veterinary surgeon concerned.
     
  18.
If you have any queries about how to make a complaint against veterinary surgeons, please contact the Board Secretariat at 2150 6675 or email to enquiry@vsbhk.org.hk.
 
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27 June 2006 (revised)
The Veterinary Surgeons Board of Hong Kong