Page 4 - Annual Report

ACADEMYFOCUS

FEATURE ARTICLE:

CONDUCT OF

EXPERT

WITNESSES PROF. GILBERTO KA-KIT LEUNG
PRESIDENT, HONG KONG
ACADEMY OF MEDICINE

Expert witnesses have a vital role in providing Kong Medical Journal (https://doi.org/10.12809/
testimony, related to their area of expertise, in hkmj215125). In addition, the PEC is preparing an
certain disciplinary or legal proceedings. Recently, on-line expert witness training course for Fellows
there have been discussions within the professional to better equip them to become an expert
community concerning the conduct of expert witness.
witnesses. These discussions have focussed on two
areas in particular: first, whether expert witnesses We hope that these educational measures can
should comment on issues beyond their area of enhance competency, so that interested Fellows
expertise; and second, the way in which expert can fulfil the duties of expert witnesses and, in so
witnesses’ opinions are expressed. doing, ensure due justice for our colleagues and
patients involved. Moreover, in concert with
The legal paradigm for the conduct of expert upcoming guidance from the PEC’s Task Force on
witnesses is clear: expert witnesses have an Disclosure, Apology and Alternative Dispute
overriding duty to the court, and are expected to Resolution, we hope to promote a collaborative
provide advice on the basis of their area of expertise doctor-patient partnership.
and to clarify if they are questioned on any matters
that fall outside that area of expertise. The Code of
Professional Conduct published by the Medical
Council of Hong Kong also sets out professional
standards on commenting on peers.

Whilst ensuring that expert witnesses are well
informed of the basic requirements falls within the
remit of the relevant judicial or regulatory
bodies, the Academy feels that it has the
responsibility to provide the relevant training.
To explain the duties and responsibilities of
expert witnesses, Co-Chairmen of the
Academy’s Professionalism and Ethics
Committee (PEC) Dr. James Shing-ping Chiu
and I recently penned an Editorial in the Hong

04 April 2022