Your World of Legal Intelligence
 Hong Kong | 1-800-335-6202

Fung Man Chee Maggie And Another v Hong Kong Institute Of Clinical Psychologists Ltd

Judgment Cited authorities 10 Cited in Precedent Map Related
Vincent
Judgment Date23 August 2021
Neutral Citation[2021] HKCFI 2424
Year2021
Judgement NumberHCAL279/2020
Subject MatterConstitutional and Administrative Law Proceedings
CourtCourt of First Instance (Hong Kong)
HCAL279A/2020 FUNG MAN CHEE MAGGIE AND ANOTHER v. HONG KONG INSTITUTE OF CLINICAL PSYCHOLOGISTS LTD

HCAL 279/2020

[2021] HKCFI 2424

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 279 OF 2020

________________________

BETWEEN
FUNG MAN CHEE MAGGIE 1st Applicant
LANDOLT CHEUNG MAN YAN 2nd Applicant

and
HONG KONG INSTITUTE OF CLINICAL PSYCHOLOGISTS LIMITED Respondent

________________________

Before: Hon Chow JA (sitting as an additional judge of the Court of First Instance) in Court

Dates of Hearing: 25, 26 and 30 March 2021

Date of Judgment: 23 August 2021

____________________

J U D G M E N T

____________________

INTRODCUTION

1. This is an application by the Applicants for judicial review of the relevant registration requirements (the “Impugned Registration Requirements”) promulgated by Hong Kong Institute of Clinical Psychologists Limited (the “Institute”) which preclude them from being able to apply for direct registration on the Register of Clinical Psychologists under the Long Term Arrangement.

BACKGROUND FACTS

(i) The 1st and 2nd Applicants

2. The 1st and 2nd Applicants are both practising clinical psychologists in Hong Kong. The 1st Applicant has been practising as a clinical psychologist at a local religious institution on a part-time basis since October 2019, while the 2nd Applicant has been a clinical psychologist in private practice since August 2019.

(ii) The CSPP Programme

3. In 2007, the School of Continuing and Professional Education of the City University of Hong Kong (“CityU SCOPE”), in collaboration with the California School of Professional Psychology (“CSPP”) of Alliant International University (“AIU”), started to offer a program to educate and train doctoral-level clinical psychologists (the “CSPP Programme”) in Hong Kong.

4. The CSPP Programme is a four-year, doctoral-level academic program in clinical psychology with a curriculum consisting of 120 credit units of coursework, two comprehensive examinations, at least 2,600 hours of supervised clinical training, a clinical proficiency progress review examination, and a dissertation project. It is modelled after American Psychological Association (“APA”)’s accredited programmes in the United States. The graduates of the CSPP Programme are awarded a Doctor of Psychology in Clinical Psychology degree (“the CSPP PsyD Degree”).

5. The CSPP Programme is in compliance with the Non-local Higher and Professional Education Regulation Ordinance, Cap 493, and is accredited by three different organizations in the United States, specifically:

(1) at the university level, the CSPP Programme is accredited by the Western Association of Schools and Colleges (WASC) Senior College and University Commission;

(2) at the professional level, the CSPP Programme holds designation status as a Doctoral Programme in Clinical Psychology from the Association of State and Provincial Psychology Board / National Register (“ASPPB/NR”); and

(3) at the clinical training level, the CSPP Programme is recognised by the California Psychology Internship Council.

6. The last cohort of students of the CSPP Programme was admitted in 2015. The total number of graduates from the CSPP Programme is around 120. The 1st Applicant was a graduate of the CSPP Programme in 2015, and the 2nd Applicant in 2019. Both Applicants are holders of the CSPP PsyD Degree.

(iii) The Division of Clinical Psychology of Hong Kong Psychological Society (HKPS-DCP) and the Hong Kong Association of Doctors in Clinical Psychology (HKADCP)

7. The Division of Clinical Psychology of Hong Kong Psychological Society (the “Society”) is a professional body of clinical psychologists founded in 1982. As at September 2017, it had around 500 members, the majority of whom were graduates of the Master or Doctoral clinical psychology programmes offered by the University of Hong Kong or the Chinese University of Hong Kong. A minority (about 16%) were graduates of overseas clinical psychology programmes that were accredited by the relevant professional bodies in, inter alia, the UK, US, Australia and Canada.

8. The Hong Kong Association of Doctors in Clinical Psychology (the “Association”) is a later professional body of clinical psychologists with a doctoral degree established in 2012. As at February 2020, it had 85 members, 84 of whom held a CSPP PsyD Degree. The 1st Applicant has been a member of the Association since 2016 and a board member since 2017, and the 2nd Applicant has been a member of the Association since November 2019.

(iv) The Scheme

9. In Hong Kong, some healthcare professionals (such as doctors and dentists) are required to have their professional qualifications registered under the law before they can practise in Hong Kong. There are also some healthcare professionals (including clinical psychologists) who are not subject to statutory registration, and are “regulated” on their own, mostly through voluntary, society-based registration[1].

10. Under society-based registration, a professional body administers a registration system and promulgates a list of its members for reference by the public when seeking relevant services. Such professional bodies usually publish codes of practice to strengthen self-regulation and encourage their members to pursue continuing professional development, obtain qualifications as well as enhance their professional competency. Some professional bodies also develop quality assurance and disciplinary mechanisms to better uphold the professional standards of their members.

11. Following (i) the release of a report by the Ombudsman in 2014 on the Government’s control of healthcare professions not subject to statutory regulation, and (ii) a feasibility study carried out by the Jockey Club School of Public Health and Primary Care of the Chinese University of Hong Kong, the Government, in 2016, launched a pilot scheme of the Voluntary Accredited Registers Scheme for Healthcare Professions (the “Scheme”) for those healthcare professions which were not subject to statutory registration and regulation. As stated in a paper for the Legislative Council Panel on Health Services (the “Panel”) titled “Voluntary Accredited Registers Scheme for Healthcare Personnel who are currently not subject to Statutory Regulation”, LC Paper No CB(2)1459/15-16(03), dated May 2016, at §6, the aim of the Scheme is to enhance the current society-based registration arrangement under the principle of professional autonomy, with a view to assuring the professional competence of healthcare professionals and providing more information for the public to make informed decisions.

12. The Jockey Club School of Public Health and Primary Care of the Chinese University of Hong Kong has been appointed as the independent Accreditation Agent (“AA”) of the Scheme. The roles of AA include setting the standards and developing the process of accreditation, carrying out the accreditation process, providing relevant training to healthcare professions, and handling complaints about accredited healthcare professional bodies where appropriate.

13. The essential features of the Scheme are set out in a paper for the Panel titled “Accredited Registers Scheme for Healthcare Professions”, LC Paper No CB(2)1787/17-18(05), dated July 2018, as follows:

(1) The Scheme operates under the principle of “one profession, one professional body, one register”. The Department of Health (“DH”) will accredit the professional body meeting the prescribed standards for each profession based on the accreditation recommendation of the Accreditation Agent. The accredited professional body shall be responsible for administering the register of its own profession. The aim of this principle is to avoid confusion to the public and facilitate the public to make informed decision.

(2) The Scheme requires the professional bodies to undertake a self-assessment and external peer review process, through which professional bodies as holders of registers should demonstrate their abilities to meet acceptable standards of quality, and commitment to take action when necessary to protect the public. The standards include governance, operational effectiveness, risk management and quality improvement, standards for registrants, educational and training requirements, and management of the register. These standards aim to safeguard the public by ensuring the governance of the professional bodies and professional competency of their members. Professional bodies applying for the Scheme should demonstrate a broad representation of their profession and maintain a well-established operation of professional practice.

(3) Depending on the extent of its fulfilment of the prescribed standards, the professional body will be awarded a three-year full accreditation, a one-year provisional accreditation or non-accreditation. For full accreditation with recommendations by the Accreditation Agent, the professional bodies accredited will be reviewed annually by the Accreditation Agent. The professional bodies awarded with full accreditation have to apply for renewal at least six months prior to the expiry of the validity period.

(4) Accredited professional bodies will be permitted by DH to use an Accreditation Mark on their websites and Certificates of Registration issued to their members for ease of identification by the public. Members of the accredited professional bodies can also use a specified title on their name cards. The public can look up the registers of healthcare professionals through the accredited bodies.

14. AA has issued a document titled “Accredited Registers Scheme for Healthcare Professions (Pilot Scheme) - Guidance for Applicants” (December 2016, First Edition) (“the Guidance”) for healthcare...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT