Lee Pheng Lip Ian v Chen Fun Gee: Judicial Review of SMC Disciplinary Proceedings
In Lee Pheng Lip Ian v Chen Fun Gee, the plaintiff sought judicial review against the Singapore Medical Council (SMC) and its Complaints Committee (CC) regarding disciplinary proceedings. The plaintiff challenged the extensions of time granted to the CC and the order for a Disciplinary Tribunal (DT) inquiry. The High Court of Singapore, on 4 March 2019, dismissed the originating summons, finding no substantial prejudice to the plaintiff and holding that the challenged actions were not invalid.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Originating Summons dismissed.
1.3 Case Type
Judicial Review
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Judicial review sought against SMC's disciplinary proceedings. The court dismissed the application, finding no substantial prejudice to the plaintiff.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Singapore Medical Council | Defendant | Statutory Board | Judgment for Defendant | Won | |
| Lee Pheng Lip Ian | Plaintiff | Individual | Claim Dismissed | Lost | |
| Chen Fun Gee | Defendant | Individual | Judgment for Defendant | Won | |
| Yeow Kok Leng Vincent | Defendant | Individual | Judgment for Defendant | Won | |
| Tan Jin Hwee | Defendant | Individual | Judgment for Defendant | Won | |
| Venkataraman Anantharaman | Defendant | Individual | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
4. Facts
- The Singapore Medical Council (SMC) filed a complaint against the plaintiff on 14 February 2014.
- The complaint was laid before a Complaints Committee (CC) for inquiry.
- The CC applied for and was granted 13 extensions of time (EOTs) to complete its inquiry.
- The CC ordered that an inquiry be held by a Disciplinary Tribunal (DT) on 12 February 2018.
- The plaintiff filed Originating Summons No 514 of 2018 seeking judicial review of the CC's actions.
- The plaintiff's clinic license was not renewed by the Ministry of Health (MOH) for a period, but later renewed after an appeal.
- The plaintiff argued that the CC's delay caused him substantial prejudice, including loss of livelihood.
5. Formal Citations
- Lee Pheng Lip Ian v Chen Fun Gee and others and other matters, Originating Summons No 514 of 2018, [2019] SGHC 51
6. Timeline
| Date | Event |
|---|---|
| Singapore Medical Council made a complaint against the plaintiff. | |
| SMC sent a further letter with additional information about the plaintiff. | |
| Complaints Committee completed its inquiry and determined that a formal inquiry was necessary. | |
| Plaintiff filed Originating Summons No 514 of 2018. | |
| Hearing submissions from the plaintiff and the defendants. | |
| Hearing submissions from the plaintiff and the defendants. | |
| Hearing submissions from the plaintiff and the defendants. | |
| Judgment reserved. |
7. Legal Issues
- Validity of Extensions of Time
- Outcome: The court held that non-compliance with section 42(2) of the Medical Registration Act regarding extensions of time did not invalidate the Complaints Committee's actions.
- Category: Procedural
- Sub-Issues:
- Non-compliance with statutory requirements for granting extensions
- Inadequate reasons for seeking extensions
- Substantial Prejudice
- Outcome: The court found that the plaintiff had not suffered substantial prejudice as a result of any alleged non-compliance with statutory requirements.
- Category: Substantive
- Sub-Issues:
- Loss of livelihood
- Inability to afford legal representation
- Compromised ability to defend oneself
- Inordinate Delay
- Outcome: The court did not have to address the argument of inordinate delay due to the finding that the plaintiff had not suffered substantial prejudice.
- Category: Procedural
- Sub-Issues:
- Abuse of process
- Breach of natural justice
8. Remedies Sought
- Quashing Order
- Prohibiting Order
9. Cause of Actions
- Judicial Review
10. Practice Areas
- Regulatory Law
- Healthcare Law
- Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Mey Lee Susan v Singapore Medical Council | High Court | Yes | [2012] 1 SLR 701 | Singapore | Cited for the principle of determining whether a provision is directory or mandatory. |
| Chai Choon Yong v Central Provident Fund Board and others | High Court | Yes | [2005] 2 SLR(R) 594 | Singapore | Cited for the principle of determining whether a provision is directory or mandatory. |
| Chai Chwan v Singapore Medical Council | High Court | Yes | [2009] SGHC 115 | Singapore | Discussed the interpretation of the predecessor provision of section 42(2) of the Medical Registration Act regarding extensions of time for Complaints Committees. |
| Regina v Chief Constable of the Merseyside Police, Ex parte Calveley and Others | Queen's Bench | Yes | [1986] 1 QB 424 | England and Wales | Cited for the principle that unnecessary delay in legal proceedings should not lead to judicial review absent mala fides or breach of natural justice. |
| Tan Tiang Hin Jerry v Singapore Medical Council | Court of Appeal | Yes | [2000] 1 SLR(R) 553 | Singapore | Cited for the principle that unnecessary delay in legal proceedings should not lead to judicial review absent mala fides or breach of natural justice. |
| Jen Shek Wei v Singapore Medical Council | High Court | Yes | [2018] 3 SLR 943 | Singapore | Cited regarding issues concerning alleged delay by the CC in completing its inquiry. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Medical Registration Act (Cap 174, 2014 Rev Ed) | Singapore |
| Medical Registration Act (Cap 174, 2004 Rev Ed) | Singapore |
| Private Hospitals and Medical Clinics Act (Cap 248, 1999 Rev Ed) | Singapore |
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Judicial Review
- Singapore Medical Council
- Complaints Committee
- Disciplinary Tribunal
- Extension of Time
- Substantial Prejudice
- Medical Registration Act
- Inordinate Delay
- Ultra Vires
15.2 Keywords
- Judicial Review
- Singapore Medical Council
- Disciplinary Proceedings
- Medical Negligence
- Administrative Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Judicial Review | 90 |
| Administrative Law | 75 |
| Medical Registration | 70 |
| Disciplinary Proceedings | 65 |
| Medical Law | 60 |
| Professional conduct | 50 |
16. Subjects
- Administrative Law
- Medical Law
- Civil Procedure