【法规名称】
【法规编号】 82107 什么是编号？
【正 文】
第4页 CAP 428B CHIROPRACTORS (REGISTRATION AND DISCIPLINARY PROCEDURE) RULES
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[接上页] (10) If a member of the Preliminary Investigation Committee has participated in the consideration of a complaint by the Preliminary Investigation Committee, he shall not participate in the Council's determination of the complaint. Cap 428B s 10 Preliminary procedure regarding complaint alleging disciplinary offence (1) If the 2 members of the Preliminary Investigation Committee are both satisfied that a complaint submitted to them under section 16(3) of the Ordinance is frivolous or groundless, the Preliminary Investigation Committee shall determine not to further consider the complaint. (2) If a registered chiropractor is alleged in a complaint to have committed misconduct or neglect in a professional respect, the Preliminary Investigation Committee may require the complainant to furnish- (a) a document setting out the grounds for the allegation; and (b) except where the complaint is made by a public officer acting in his capacity as such, a declaration as to the substance of the complaint and the alleged facts of the case.(3) A declaration referred to in subsection (2)(b) shall- (a) state the address and description of the declarant; and (b) if any alleged fact is not within the personal knowledge of the declarant, state the source of the declarant's information and the grounds for his belief in the truth of the fact.(4) If the Preliminary Investigation Committee determines not to further consider a complaint under subsection (1), the Secretary shall, as far as practicable- (a) notify the complainant in writing of the determination; and (b) include in the notification an adequate statement of the reasons for the determination.(5) Unless there is a determination under subsection (1), the Secretary shall- (a) fix a date for a meeting of the Preliminary Investigation Committee to further consider the complaint; (b) as far as practicable, notify the complainant in writing of the submission of the complaint to the Preliminary Investigation Committee and of the date fixed under paragraph (a); (c) notify the respondent in writing of the receipt and substance of the complaint and of the date fixed under paragraph (a); (d) send to the respondent a copy of any declaration furnished under subsection (2); and (e) invite the respondent to submit to the Preliminary Investigation Committee a written representation regarding the complaint or any matter alleged in it. Cap 428B s 11 Amendments to notification If the Preliminary Investigation Committee considers that a notification given to the respondent under section 10(5)(c) should be amended, the Secretary shall- (a) notify the respondent in writing of the amendment; and (b) invite the respondent to submit to the Preliminary Investigation Committee any further written representations. Cap 428B s 12 Consideration of complaint by Preliminary Investigation Committee (1) A meeting of the Preliminary Investigation Committee to consider a complaint shall be held in camera. (2) The Secretary shall, at a meeting at which a complaint is further considered, put before the Preliminary Investigation Committee the complaint, any declaration made in support of the complaint, any written representations submitted by the respondent, and any other particulars that the Secretary considers may be relevant to the complaint. (3) The Preliminary Investigation Committee may- (a) postpone its consideration of a complaint, in whole or in part, to such date as it thinks fit; or (b) adjourn its meeting from time to time if it thinks fit.(4) The Preliminary Investigation Committee shall- (a) consider all information and matters put before it under subsection (2); (b) make a recommendation to the Council as to whether the complaint should be referred to an Inquiry Committee; and (c) direct the Secretary to notify the respondent and, as far as practicable, the complainant in writing of such a recommendation.(5) Before making a recommendation to the Council, the Preliminary Investigation Committee may make such further investigation and obtain such advice and assistance as it considers necessary. (6) The Preliminary Investigation Committee may make a recommendation to the Council that the complaint should not be referred to an Inquiry Committee only if the 2 members of the Preliminary Investigation Committee agree that the complaint should not be so referred. Cap 428B s 13 Declaration of interest regarding complaint (1) If a member of the Preliminary Investigation Committee has an interest in a complaint submitted to the Preliminary Investigation Committee, he shall, before considering the complaint, declare his interest to the Council. (2) On a declaration of interest in accordance with subsection (1), the member of the Preliminary Investigation Committee shall not participate in any deliberation or be involved in any determination regarding the complaint, and the Council shall appoint another member under section 9(3) accordingly. Cap 428B s 14 Reference of complaint to Council |
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