【法规名称】
【法规编号】 44042 什么是编号？
【正 文】
第7页 CAP 359 SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCE
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[接上页] Cap 359 s 22 Disciplinary powers of board Remarks: Amendments retroactively made-see 25 of 1998 s. 2 PART V DISCIPLINE (1) If after due inquiry into any case referred to it by a Preliminary Investigation Committee in accordance with regulations made under section 29 a board is satisfied that a person registered by that board- (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; (Replaced 67 of 1985 s. 8) (c) was not at the time of his registration qualified to be registered; (d) has obtained registration by fraud or misrepresentation; or (e) has not complied with or is in breach of any condition of his registration (other than a condition under section 15) or has failed to comply with this Ordinance,the board may- (i) order the name of the person registered to be removed from the register; (ii) order the name of the person registered to be removed from the register for such period as it thinks fit; (iii) order the person registered to be reprimanded; or (iv) order that a warning letter in such terms as it considers appropriate be served on the person registered.(2) Within 1 month after the expiry of the time within which an appeal against an order made by a board under subsection (1) may be made to the Court of Appeal under section 25 or if such appeal has been made, within 1 month after the decision of the Court of Appeal affirming or varying such order, the board- (a) shall, in the case of an order made under subsection (1)(i), (ii) or (iii), or the order as so varied, as the case may be, publish the order in the Gazette together with an account of the particulars and the nature of the matter to which such order relates; and (b) may, in the case of an order made under subsection (1)(iv), or the order as so varied, as the case may be, publish the order in the Gazette together with an account of the particulars and the nature of the matter to which such order relates.(3) In any inquiry held under this section, a board may make such order as it thinks fit for the payment of the costs of its secretary, a complainant, counsel or a solicitor present at the inquiry and the person registered or any one or more of them and any costs awarded may be recovered as a civil debt. (4) Nothing in this section shall require a board to inquire into the question whether the person registered was properly convicted but the board may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence. (Added 67 of 1985 s. 8) (5) In any inquiry under this section as to whether a person has been guilty of unprofessional conduct, any finding of fact which is shown to have been made in any matrimonial proceedings in a court in a common law jurisdiction which has unlimited jurisdiction in civil matters, or on appeal from a decision in such proceedings, shall be conclusive evidence of the fact found. (Added 67 of 1985 s. 8. Amended 25 of 1998 s. 2) Cap 359 s 23 Powers of boards at inquires Remarks: Amendments retroactively made-see 25 of 1998 s. 2 (1) For the purposes of an inquiry under section 13 or 22 or when it otherwise appears desirable to a board that any matter relating to the relevant profession should be inquired into, the board shall subject to subsection (4) have power- (Amended 67 of 1985 s. 9) (a) to hear, receive and examine evidence on oath; (b) to summon a person to attend the inquiry to give evidence or produce a document or other thing in his possession and examine him as a witness or require him to produce a document or other thing in his possession; (c) to admit to the inquiry or to exclude therefrom the public or any member of the public; (Added 67 of 1985 s. 9) (d) to admit to the inquiry or to exclude therefrom the press; and (Added 67 of 1985 s. 9) (e) to award any person summoned to attend the inquiry such sum or sums as in the opinion of the board may have been reasonably expended by him by reason of his attendance. (Added 67 of 1985 s. 9)(2) A summons under subsection (1) shall be in the prescribed form and signed by the secretary of the board. (3) Subject to subsection (4), a person who- (a) being summoned under subsection (1) to attend an inquiry to give evidence or to produce a document or other thing in his possession, refuses or neglects to do so; or (b) being examined under subsection (1) as a witness by or before a board, refuses or neglects to answer a question put to him by or with the concurrence of the board, or to produce a document or other thing in his possession when required to do so,commits an offence. (4) Notwithstanding subsection (3) a person who appears as a witness before a board shall be entitled to the same privileges in respect of the giving of evidence and the production of a document or other thing as he would be entitled to if appearing as a witness in civil proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2) |
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