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[接上页] (2) Any person described in column 2 of Part 2 of Schedule 5 is, subject to the conditions specified in subsection (3) as may be applicable in that particular case, exempt from the section of the Ordinance specified in column 3 of that Schedule opposite to the description of the person in each case. (3) The conditions referred to in subsection (2) are that where the exempt person's practice is that of- (a) a diagnostic radiographer, he shall employ a Part I diagnostic radiographer and carry on his practice under such radiographer's supervision; (b) a therapeutic radiographer, he shall employ a Part I therapeutic radiographer and carry on his practice under such radiographer's supervision; (c) a diagnostic radiographer and a therapeutic radiographer both, he shall- (i) employ a radiographer referred to in paragraph (a) and carry on his practice as a diagnostic radiographer under such radiographer's supervision; and (ii) employ a radiographer referred to in paragraph (b) and carry on his practice as a therapeutic radiographer under such radiographer's supervision.(4) A radiographer employed under subsection (3)(c)(i) and (ii) may be the same person. (Enacted 1995) Cap 359H s 17 Exemptions for companies A company registered under the Companies Ordinance (Cap 32) which carries on the business of practising diagnostic radiography is exempt from the provisions of section 20(2)(a) of the Ordinance to the extent that its directors do not have to fulfil the condition prescribed in subparagraph (ii) of that section. (Enacted 1995) Cap 359H s 18 Fees The fees payable under the Ordinance and this Regulation shall be those specified in Schedule 3. (Enacted 1995) Cap 359H s 19 Interpretation (Part III) PART III PROCEEDINGS PREPARATORY TO HEARING BY THE BOARD In this Part and Schedule 6- "complaint" (申诉) means- (a) a complaint in respect of a registered radiographer; or (b) an information in respect of an application for registration as a radiographer,as to any of the matters referred to in section 22(1)(a), (b), (c), (d) or (e) of the Ordinance. (Enacted 1995) Cap 359H s 20 Preliminary Investigation Committee (1) For the purposes of performing the functions conferred upon it by the Ordinance and this Regulation, there shall be a Preliminary Investigation Committee which shall consist of- (a) a chairman who shall be- (i) a member of the Board; and (ii) nominated by the Board and appointed by the Chairman of the Board;(b) a Part I diagnostic radiographer ordinarily resident in Hong Kong, not being a member of the Board, nominated by the Hong Kong Radiographers' Association and appointed by the Chairman of the Board; (c) a Part I diagnostic radiographer ordinarily resident in Hong Kong, not being a member of the Board, nominated by the Hong Kong Radiological Technicians Association and appointed by the Chairman of the Board; (d) 2 Part I therapeutic radiographers, not being members of the Board, nominated by the Association of Therapeutic Radiographers and appointed by the Chairman of the Board.(2) Save as provided in Schedule 6 the members of the Committee shall hold office for 12 months but at the end of such period they may be renominated and reappointed. (3) Schedule 6 shall apply in relation to the Committee. (4) In discharging its functions in relation to a complaint in respect of- (a) a diagnostic radiographer or application for registration as a diagnostic radiographer, the Committee shall be constituted by- (i) the Chairman of the Committee; and (ii) the members appointed under subsection (1)(b) and (c);(b) a therapeutic radiographer or application for registration as a therapeutic radiographer, the Committee shall be constituted by- (i) the Chairman of the Committee; and (ii) the members appointed under subsection (1)(d). (Enacted 1995) Cap 359H s 21 Submission of complaint Where a complaint is received by the Secretary, he shall submit it to the Chairman of the Committee. (Enacted 1995) Cap 359H s 22 Complaint touching conduct (1) Where, in a complaint submitted by the Secretary to the Chairman of the Committee under section 21, any allegation is made which in the opinion of the Chairman of the Committee gives rise to a question whether a registered radiographer or an applicant for registration- (a) has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment; (b) has been guilty in Hong Kong or elsewhere of unprofessional conduct; or (c) is guilty of any of the matters referred to in section 22(1)(c), (d) or (e) of the Ordinance,the Chairman of the Committee may require that the complaint be formulated in writing setting out the grounds thereof and, except where the complaint is in writing under the hand of a public officer, supported by one or more statutory declarations as to the facts of the case. (2) Each statutory declaration referred to in subsection (1) shall- (a) state the address and description of the declarant; and (b) if any fact declared is not within the personal knowledge of the declarant, state the source of the declarant's information and the ground for his belief in the truth of the fact. |