| Foreword |
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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. |
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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. |
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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. |
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4. |
Complaints must be in writing and sent to
the Secretary of the Board at: |
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The Veterinary Surgeons Board of Hong Kong
5/F, Cheung Sha Wan Government Offices
303 Cheung Sha Wan Road,
Kowloon |
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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. |
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To facilitate the processing
of your complaint, you should include the following information
in your complaint letter: |
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| (a) |
The name (if any), breed, age and
sex of the animal; |
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| (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.); |
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| (c) |
The name(s) of the registered
veterinary surgeon(s) against whom you are complaining;
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| (d) |
The sequence and details of events
that lead to your complaint; |
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| (e) |
The matters/issues that you consider
improper/inappropriate and which form the bases of your
complaint; |
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| (f) |
The medical reports/records/X-ray
films/laboratory reports/post-mortem report, if any,
of your animal which relate to the complaint; |
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| (g) |
Your name, contact address, telephone
number and fax numbers; |
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| (h) |
Name and contact details of any
witness to the event who can support your complaint;
and |
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| (i) |
Any other information that you consider
relevant.
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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 |
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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. |
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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. |
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7. |
The PIC meets in private
and, under usual circumstances, neither you nor the veterinary
surgeon complained against is required to attend its meetings. |
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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 : |
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| (a) |
The complaint should
be referred, either in whole or in part, to the Veterinary
Surgeons Board for an inquiry to be held; or |
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| (b) |
The complaint
should not be referred to the Veterinary Surgeons Board
for an inquiry to be held; or |
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| (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. |
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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. |
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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. |
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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. |
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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. |
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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.
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| Other matters that
you may need to know |
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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. |
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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. |
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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. |
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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. |
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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 |