【法规名称】
【法规编号】 81873 什么是编号？
【正 文】
CAP 549G CHINESE MEDICINES TRADERS (REGULATORY) REGULATION
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(Cap 549, section 161(5)) [30 April 2003] L.N. 56 of 2003 (L.N. 161 of 2002) Cap 549G s 1 (Omitted as spent) PART 1 PRELIMINARY (Omitted as spent) Cap 549G s 2 Interpretation In this Regulation, unless the context otherwise requires- "Board" (中药组) means the Chinese Medicines Board established by section 12(b) of the Ordinance; "Board chairman" (中药组主席) means the chairman of the Board mentioned in section 14(a) of the Ordinance; "Board secretary" (中药组秘书) means the secretary of the Board appointed under section 23(2) of the Ordinance; "Committee" (小组) means the Regulatory Committee of Chinese Medicines Traders established under section 25(1)(b)(iii) of the Ordinance; "Committee chairman" (小组主席) means the chairman of the Committee mentioned in section 31(b)(i) of the Ordinance; "Committee secretary" (小组秘书) means the secretary of the Committee; "complainant" (申诉人) means a person from whom a complaint or information has been received by the Board under section 3; "defendant" (被告人), in relation to a complaint or information, means a licensed Chinese medicines trader in respect of whom a complaint or information has been made; "licensed Chinese medicines trader" (持牌中药业者) means a Chinese medicines trader who holds a licence to which section 139 of the Ordinance applies. Cap 549G s 3 Receipt and submission of complaint or information PART 2 PROCEDURES BEFORE THE BOARD HOLDS A MEETING FOR CONSIDERING A CASE (1) Any complaint or information alleging that the conduct of a licensed Chinese medicines trader is such that the Board may exercise powers under section 139 of the Ordinance shall be made or given to the Board. (2) Where a complaint or information is received by the Board under subsection (1), the Board secretary shall submit the complaint or information to the Committee for investigation and consideration in accordance with the procedures laid down in this Regulation. Cap 549G s 4 Clarification and support for complaint or information (1) The Committee chairman may- (a) require the complainant to set out in writing the specific allegations constituting the complaint or information and the grounds for the allegations; (b) require the complainant to make clarifications or furnish evidence about the complaint or information; (c) direct the Committee secretary to seek any legal advice or any necessary assistance or advice from any relevant authorities with regard to the evidence about the complaint or information; and (d) require that any allegation in the complaint or information be supported by one or more statutory declarations, unless the complaint or information is in writing and made by a public officer in the discharge of his duties.(2) A statutory declaration referred to in subsection (1)- (a) shall state the name, address and the Hong Kong Identity Card number or details of another document of identification of the declarant; and (b) shall state all the facts of the complaint or information to the best of the declarant's knowledge, or if any fact declared is not within his personal knowledge, state the source of the declarant's information and the grounds for his belief in the truth of those facts. Cap 549G s 5 Submission of case to Committee (1) Where the Committee chairman considers that- (a) all further clarifications, evidence and statutory declarations that are necessary to enable the Committee to consider the complaint or information have been furnished; or (b) it is impracticable to seek further clarifications, evidence or statutory declarations,he shall fix a date for the Committee to consider the complaint or information. (2) When the Committee chairman has fixed a date under subsection (1), he shall arrange to notify the defendant in writing at least 1 month before the date fixed- (a) of the receipt of the complaint or information, and of any allegations that constitute the complaint or information; and (b) of the date on which the Committee will meet to consider the complaint or information.(3) A notification under subsection (2) shall be accompanied by- (a) a copy of the complaint or information; (b) a copy of any statutory declaration furnished under section 4(1)(d); and (c) an invitation to the defendant- (i) to submit in writing not less than 7 days before the meeting to the Committee any explanation for his conduct or for any matter alleged in the complaint or information or any representations; and (L.N. 240 of 2002) (ii) to attend the meeting to make oral representations, if necessary.(4) If the Committee chairman considers that in the particular circumstances of a case it is desirable that any personal particulars of any person contained in any documents mentioned in subsection (3)(a) or (b) should not be disclosed to the defendant, he may arrange for such necessary obliteration or other editorial modification of the copies of those documents to be supplied to the defendant so that those personal particulars are not disclosed. |
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