Dr Geoffrey Alan Williams v Dr Tikfu Gee & Anor

Appellant(s): Dr. Geoffrey Alan Williams

Respondent(s):

• Dr Tikfu Gee
• Majlis Perubatan Malaysia

• YA Datuk Supang Lian
• YA Datuk Azimah binti Omar
• YA Datuk Noorin binti Badaruddin

• The appellant lodged a complaint with the second respondent (Malaysian Medical Council) against the first respondent for alleged medical misconduct concerning a patient in 2015.
• Following an inquiry, the second respondent dismissed the complaint in 2022, leading the appellant to appeal this decision to the High Court via Originating Summons.
• The High Court dismissed the appellant's appeal, ruling it incompetent due to the appellant's lack of locus standi and right to appeal under Section 31(1) of the Medical Act 1971.

• Whether the appeal to the Court of Appeal was competent, given the repeal of Section 31(2) of the Medical Act 1971 by the Medical (Amendment) Act 2012 and the applicability of its saving/transitional provision.
• Whether a failed complainant possesses the legal right to appeal the second respondent's dismissal of a complaint under Part IV of the Medical Act 1971, specifically Section 31(1).
• Whether the High Court correctly determined that the appellant's appeal lacked competency due to an absence of locus standi and a statutory right to appeal.

• The Court held that Part IV of the Medical Act 1971 does not confer a right of appeal upon a failed complainant against the second respondent's dismissal of a complaint.
• Section 31(1) of the Medical Act 1971 is exclusively for registered persons aggrieved by disciplinary orders made against them, and a complaint dismissal is not such an order.
• The Court further affirmed that the saving provision of the Medical (Amendment) Act 2012 rendered the High Court's decision final and non-appealable, as the alleged misconduct occurred prior to the amendment's effective date.