【法规名称】
【法规编号】 81879 什么是编号？
【正 文】
第2页 CAP 549D CHINESE MEDICINE PRACTITIONERS (DISCIPLINE) REGULATION
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[接上页] Cap 549D s 6 Consideration of complaint, etc. by Committee (1) A meeting of the Committee to consider a complaint or information shall be held in private. (2) Within a reasonable period before any meeting of the Committee to consider a complaint or information, the Committee secretary shall provide all members of the Committee who will consider the complaint or information with copies of all the documents relating to the complaint or information that he has received. (3) The Committee may postpone its consideration or decision of a complaint or information, in whole or in part, to such date or adjourn a meeting from time to time as it thinks fit. (4) Where the Committee considers that any matter or allegation notified to the defendant under section 5(2) should be amended, the Committee may direct the Committee secretary to- (a) make the amendment; (b) advise the defendant of the amendment; and (c) invite him to submit any further explanation.(5) Before coming to a decision regarding a reference to the Board under subsection (6), the Committee may cause to be made such further investigations or further clarification from the defendant with regard to the case being considered by the Committee and with regard to his written explanation, and may seek such additional advice or assistance as it considers desirable. (6) The Committee shall, having regard to any written explanation submitted by the defendant and all the materials before it, consider the case, and subject to subsections (4) and (5)- (a) if the Committee is of the opinion that- (i) the alleged conviction or finding of misconduct of the defendant who is a registered Chinese medicine practitioner does not affect his practice as a Chinese medicine practitioner; (ii) the complaint or information is frivolous or groundless; (iii) the defendant has ceased to be a registered Chinese medicine practitioner; (iv) the complaint or information has previously been considered and disposed of by the Committee and no additional information has been provided, it shall notify the defendant and the complainant that it decides not to refer the case to the Board under section 98(1) of the Ordinance; or(b) may by written notification refer the case to the Board under section 98(1) of the Ordinance to hold an inquiry. Cap 549D s 7 Referral of case to the Board for inquiry (1) The Committee chairman shall send a written notification mentioned in section 6(6)(b) to the Board chairman specifying the matters as identified by the Committee to be referred into which an inquiry is to be held. (2) On receipt of a notification under subsection (1), if the Board decides that an inquiry- (a) should be held, the Board chairman shall fix the date of inquiry; or (b) should not be held, the Board secretary shall notify the Committee secretary of the decision, who shall inform the defendant and the complainant accordingly.(3) Unless the Board directs a shorter period of notice to which the defendant has consented in writing, the Board secretary shall, within 2 months of the receipt of the notification under subsection (1) and at least 1 month before the date fixed for the inquiry, serve on the defendant a notice of inquiry together with a copy of this Regulation and shall inform the complainant of the date fixed. (4) A notice of inquiry served under subsection (3) must- (a) specify the matters into which the inquiry is to be held in the form of charge; and (b) state the date, time and place at which the inquiry is to be held. Cap 549D s 8 Consolidation of charges and amendment of notice of inquiry (1) Where the Board secretary receives any further complaint or information that he thinks is similar in nature to a complaint or information before the Board against the same defendant, he shall refer it to the Committee as soon as practicable. (2) Upon the recommendation of the Committee to hold an inquiry into any further complaint or information against the same defendant, the Board may direct that- (a) the further complaint or information or any part thereof be inquired into at the same inquiry against the defendant, and where the Board makes that direction, evidence relating to the further complaint or information may be introduced at the inquiry; and (b) the notice of inquiry be amended accordingly and served on the defendant within such period of time as may be specified in the direction.(3) Where before the opening of the inquiry and in the course of the inquiry, it appears to the Board chairman that a notice of inquiry is defective, the Board chairman may give such directions for its amendment as he thinks necessary to remedy the defect unless, having regard to the merits of the case, he thinks that to make the required amendment will be unjust to the defendant. (4) The Board secretary shall, as soon as it is practicable after an amendment of a notice of inquiry has been made under subsection (3), give notice of the amendment to the defendant and to the complainant. |
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