【法规名称】
【法规编号】 44030 什么是编号？
【正 文】
第3页 CAP 359F OPTOMETRISTS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATION
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[接上页] (2) In this Part "complaint" (申诉) includes information received by the Secretary under subsection (1)(b) and submitted under that subsection. (Enacted 1994) Cap 359F s 19 Complaint touching conduct (1) Where, in a complaint submitted by the Secretary to the Chairman of the Committee under section 18, any allegation is made which in the opinion of the Chairman of the Committee gives rise to a question whether a registered optometrist 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) may be guilty of any of the matters referred to in paragraph (c), (d) or (e) of section 22(1) 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 state- (a) the address and description of the declarant; and (b) if any fact declared is not within the personal knowledge of the declarant, the source of the declarant's information and the grounds for his belief in the truth of the facts. (Enacted 1994) Cap 359F s 20 Reference of complaint to the Committee (1) On receiving a complaint submitted under section 18, the Chairman of the Committee shall fix a date for the meeting of the Committee to consider the complaint for the purpose of determining whether it should be referred to the Board for inquiry. (2) Where a complaint is to be considered by the Committee for the purposes described in subsection (1) the Secretary shall- (a) notify the respondent of the receipt of the complaint; (b) inform him of the substance thereof; (c) forward to him a copy of any statutory declaration furnished under section 19(1); (d) inform him of the date fixed for the meeting of the Committee to consider the complaint; and (e) invite him to submit to the Committee any explanation he wishes to offer for his conduct or any other matter alleged in the complaint. (Enacted 1994) Cap 359F s 21 Consideration of complaint by the Committee (1) The Secretary shall, at the meeting at which the complaint is considered, put before the Committee the complaint, any statutory declaration received therewith, any explanation submitted by the respondent and any other available document or matter in the nature of evidence relevant to the complaint. (2) The Committee shall consider any documents or matter put before it under subsection (1) and, subject to subsection (3), shall determine either- (a) that no inquiry shall be held; or (b) that the complaint shall in whole or in part be referred to the Board for inquiry.(3) Before coming to a determination under subsection (2), the Committee may cause to be made such further investigation and may obtain such additional advice or assistance as it considers necessary. (Enacted 1994) Cap 359F s 22 Determination of Committee that no inquiry be held (1) If the Committee determines that no inquiry shall be held, it shall direct that the complaint be dismissed and the Secretary shall inform the complainant, if any, and the respondent accordingly. (2) If the Committee determines that an inquiry shall be held, it shall refer the case to the Board and the Chairman of the Committee shall notify the Chairman of the Board of the matters into which inquiry is to be made. (Enacted 1994) Cap 359F s 23 Determination of Committee that inquiry be held (1) Where a matter is referred to the Board under section 22(2), the Chairman of the Board shall fix a date for the holding of an inquiry and the Secretary shall, within 2 months of the determination of the Committee to refer the complaint to the Board, serve on the respondent- (a) a notice of inquiry which shall be in accordance with Form 4 in Schedule 2; and (b) a copy of this Regulation.(2) A notice of inquiry shall- (a) in a case where the complaint is that the respondent has been guilty of unprofessional conduct, state in the form of a charge the matters into which inquiry is to be held; (b) in any other case, state the allegation contained in the complaint; and (c) specify the date, time and place at which the inquiry is proposed to be held.(3) An inquiry shall not be held until 28 days after the date of service of the notice of inquiry unless the respondent consents in writing to holding it earlier. (4) Service of a notice of inquiry on the respondent may be by registered post addressed to him at his registered address or at his address last known to the Secretary if different. (5) Within the time stipulated for service of the notice of inquiry, the Secretary shall send a copy of the notice of inquiry to any complainant. (Enacted 1994) Cap 359F s 24 Adjournment of inquiry (1) The Chairman of the Board may, at any time, adjourn any inquiry to such date as he thinks fit. |
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