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Accepting rebates from diagnostic laboratories
Shortly after starting his private practice, Dr C was approached by Ms WONG, the proprietor of a medical laboratory, who requested for the referral of all his patients to her. Ms WONG suggested that an arrangement could be made for a sum to be offered to Dr C by the laboratory for each patient referred. She emphasised that it was in no way unfair to the patients since they had to do the tests somewhere in any case. She also said that a number of other doctors in the same building had already made such arrangement with her.
Prior to the referral of patients to Ms WONG‘s laboratory, their agreement was brought to light by the nurse of Dr C’s clinic and the case was then reported to the ICAC.
Case Analysis
A principal and agent relationship exists between Dr C and his patients. As such, Dr C would breach Section 9 of the Prevention of Bribery Ordinance (POBO) by accepting rebates from Ms WONG for referring his patients to her laboratory if Dr C did not have the permission from his patients.
Although the “under-the-table” dealing was not carried out by Dr C and Ms WONG, they would still be liable to prosecution. Under the POBO, both parties can be found guilty of an offence when the agreement on solicitation and acceptance of advantages have been reached even though the purpose of bribery has not been carried out.
Dr C might also violate Section 14.1 of the Code of Professional Conduct issued by the Medical Council of Hong Kong (Oct 2022) which prohibits doctors from receiving rebates from diagnostic laboratories for referring patients.