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Appeal By Complainant / Respondent

As outlined in the Bylaws and Code of Ethics of Hong Kong Association of Doctors in Clinical Psychology, the complainant or the respondent may appeal to HKADCP Board about the decisions made in the panel hearing on a complaint. Should either party decides to exercise this right, you are invited to complete the appeal form available on the HKADCP website.

An appeal is to be made in writing to the HKADCP Board within 30 days after you have been notified of the hearing result about the subject complaint. Within the context of receiving an appeal, the HKADCP Board acts as a review body.

The HKADCP Board does not reinvestigate complaints. Its mandate is to review information submitted by an appellant and examine how an appellant believes that the hearing panel may have errors in the process by which it adjudicated a complaint, how its decision may have been unreasonable, and to review information submitted to it by an appellant which may not have been available to the hearing panel in its original disposition or adjudication of a complaint.

If the HKADCP Board believes that the information submitted to it by an appellant is material, was unavailable to the hearing panel, and may in some way have affected the ultimate disposition by the panel, it has power under the Bylaw and Code of Ethics to either of the following:‐

a) confirm or quash the decision of the hearing panel; and/or

b) refer the matter back to the hearing panel for further consideration in accordance with any direction that the Board may make.

The HKADCP Board will give the complainant and respondent a written notice setting out its decision and the reasons for the decision.

In accordance with the Bylaws and Code of Ethics, the HKADCP Board is not required to hold a hearing or to give any person an opportunity to appear or to make oral submissions before making a decision under this section. It must however give the complainant and the respondent an opportunity to make a written submission and again the Board requests that the appellant completes the appeal form (Form C5) when filing an appeal.

Should you wish to file an appeal, please do not hesitate to contact HKADCP with any questions or concerns you may have.