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CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 42 OF 2012

On 30 November 2010, Dr Chan Sze Lai, Jacqueline (“Dr Chan”), a registered dentist in Hong Kong, was awarded the degree of MSc (Implant Dent) ie Master of Science in Implant Dentistry (“the  Degree”) by the University of Hong Kong (“HKU”). On 1 December 2010, Dr Chan submitted an application to the Dental Council of Hong Kong (“Council”) requesting it to enter her new qualification on the General Register of Dentists maintained under section 7(1) of the Dentists Registration Ordinance, Cap. 156 (“DRO”). The Council decided to reject Dr Chan’s application (“the Decision”) and made it known to her in a letter dated 6 January 2012.

This court would grant the following relief sought by Dr Chan:

• An order of certiorari to bring up and quash the Decision.
• An order of mandamus directed to the Council requiring it to determine as soon as practicable Dr Chan’s application to enter the Degree on the General Register and the List of Quotable Qualifications in accordance with this judgment.  On the question of costs, there be an order nisi that the Council shall bear the costs of Dr Chan and HKU, to be taxed if not agreed, with certificate for counsel.

Mr Adrian Huggins SC, instructed by Mr Leung Wing Hang Vitus of Messrs Vitus Lawyers (梁永鏗律師事務所律師梁永鏗), for the applicant Dr Chan Sze Lai, Jacqueline