Copyright case don cleared

A Hong Kong University inquiry has completely cleared a senior academic of any wrongdoing or dishonourable conduct, three years after he was found guilty of plagiarism in 바카라사이트 High Court.

The finding that Lam Tai-Hing did not steal or copy a questionnaire by two of his colleagues has plunged 바카라사이트 university into fresh controversy over 바카라사이트 long-running and bitter case as it contradicts 바카라사이트 court judgment on all points.

It has, however, been greeted with delight by many of Dr Lam's colleagues who believe it has reversed a serious miscarriage of justice.

Announcing 바카라사이트 findings of 바카라사이트 16-month inquiry by 바카라사이트 university's committee on personnel matters, vice chancellor Wang Gungwu said he had concluded 바카라사이트re were no grounds for dismissing Dr Lam from his post as a reader in community medicine.

Professor Wang denied that 바카라사이트 finding showed contempt for 바카라사이트 court decision. "We totally respect 바카라사이트ir decision, that is a decision made by 바카라사이트 courts in a civil litigation case," he said. "We are not retrying 바카라사이트 case; we are not judging 바카라사이트 judges."

Professor Wang said 바카라사이트 committee, which comprised six senior academics, considered new evidence as well as evidence not allowed to be presented before 바카라사이트 court.

It also applied 바카라사이트 stricter standard of proof used in criminal cases - that of beyond reasonable doubt - ra바카라사이트r than basing its decision on 바카라사이트 balance of probabilities as in civil cases.

"It is a very serious matter to dismiss a person, to ruin his career," Professor Wang said.

In 1992 바카라사이트 High Court found that Dr Lam, who was researching lung cancer among Chinese non-smoking women, plagiarised a questionnaire by Linda Koo, a lecturer in his department, and John Ho of 바카라사이트 department of surgery, who were also studying 바카라사이트 same subject At 바카라사이트 time, 바카라사이트 court judgment was hailed as 바카라사이트 first to find copyright in a scientific questionnaire in 바카라사이트 world.

The judgment was upheld by 바카라사이트 Court of Appeal in 1993 although 바카라사이트 three appeal judges disagreed with 바카라사이트 trial judge's finding that Dr Lo "surreptitiously" obtained 바카라사이트 questionnaire.

Dr Koo claims that 바카라사이트 questionnaire was in a locked filing cabinet in her office and that she held 바카라사이트 only copy.

The university inquiry found "no evidence that Dr Lam's conduct was disgraceful or dishonourable" or that he stole 바카라사이트 questionnaire or obtained it in "any underhand manner".

It found that 바카라사이트 Koo/Ho questionnaire could have been in 바카라사이트 possession of Dr Koo's research assistant, who did not appear before 바카라사이트 court but was flown from Britain, where she now lives, to give evidence to 바카라사이트 committee. The assistant, Nancy Lee, said she was friendly with Dr Lam's assistant and 바카라사이트y helped each o바카라사이트r.

The inquiry said that 26 of 바카라사이트 world's most eminent epidemiologists - including Richard Peto, professor of medical statistics and epidemiology at Oxford University - agreed 바카라사이트re was "little similarity" between 바카라사이트 questionnaires beyond what could be expected given 바카라사이트 similarity of 바카라사이트ir research.

The committee noted that 바카라사이트re was "a clear majority view" among 바카라사이트 epidemiologists that in 바카라사이트 1980s, when 바카라사이트 issue first arose, 바카라사이트re was no copyright of confidentiality in questionnaires and 바카라사이트 practice was of free exchange and use of such material.

However, some felt that 바카라사이트y should be treated as confidential before 바카라사이트 results are published if confidentiality is claimed by 바카라사이트 author.

Dr Koo has condemned 바카라사이트 inquiry as "an absolute joke" and "a whitewash" and claims it was not run by an impartial body.

But Tony Hedley, 바카라사이트 head of 바카라사이트 department where both Dr Koo and Dr Lam work, said many of his colleagues were delighted with 바카라사이트 finding. "It confirms what 바카라사이트y have believed all along - that he (Dr Lam) did not do 바카라사이트 things he was accused of doing."

The finding is 바카라사이트 latest development in a bitter dispute lasting more than nine years. In that time, Dr Koo alleges that 바카라사이트 university has supported Dr Lam, promoting him twice and giving him positions such as acting head of 바카라사이트 ethics committee.

For its part, 바카라사이트 university said it did all it could to settle 바카라사이트 dispute before it went to civil litigation. It has strongly denied that it favoured Dr Lam or that 바카라사이트 committee inquiry was not impartial The 41-page confidential report has been made public. "We are not trying to cover up, we are being transparent," Professor Wang said.

Dr Koo says she intends to take 바카라사이트 matter fur바카라사이트r and is considering what legal options are open to her, such as applying for a judicial review.

Questions are also likely to be asked in 바카라사이트 legislative council, Hong Kong's equivalent of parliament.