【法规名称】
【法规编号】 82107 什么是编号？
【正 文】
第5页 CAP 428B CHIROPRACTORS (REGISTRATION AND DISCIPLINARY PROCEDURE) RULES
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[接上页] (1) The Council shall consider a recommendation made by the Preliminary Investigation Committee under section 12(4) in respect of a complaint before referring, if the Council determines that an inquiry should be held, the complaint to an Inquiry Committee. (2) If a person was or is a member of the Preliminary Investigation Committee for the purposes of considering a complaint under section 12, that person shall not act as a member of the Inquiry Committee in respect of that complaint. (3) If, after considering a complaint referred by the Preliminary Investigation Committee to the Council, the Council determines that no inquiry should be held, the Secretary shall notify the respondent and, as far as practicable, the complainant in writing of the determination including an adequate statement of the reasons for the determination. Cap 428B s 15 Inquiry Committee PART 4 INQUIRY COMMITTEE (1) For the purposes of these Rules, an inquiry committee established under section 17(1) of the Ordinance to determine whether or not the registered chiropractor against whom a complaint has been made has committed a disciplinary offence shall be known as the "Inquiry Committee". (2) At a meeting of the Inquiry Committee, 3 members, including a member who is a person appointed under section 3(2)(b) of the Ordinance, shall form a quorum. (3) Subject to subsection (4), the Chairman shall be a member of the Inquiry Committee and shall also be the chairman at a meeting of the Inquiry Committee. (4) In the absence of the Chairman from a meeting of the Inquiry Committee, the members present at that meeting may, subject to subsection (2), elect among themselves another member as the chairman at that meeting. Cap 428B s 16 Preliminary procedure in relation to inquiry (1) The Inquiry Committee shall not proceed to hear evidence of a complaint unless- (a) a notice of a referral is sent in accordance with subsection (2); and (b) section 17(5) of the Ordinance has been complied with.(2) If a complaint is referred to the Inquiry Committee under section 17(1) of the Ordinance, the chairman of the Inquiry Committee shall fix a date for an inquiry and the Secretary shall, within 60 days after the date of referral- (a) send a notice of a referral to the respondent in accordance with section 17(2) of the Ordinance; and (b) as far as practicable, send to the complainant a notice in writing of the holding of an inquiry.(3) If, after a complaint has been referred to the Inquiry Committee under section 17(1) of the Ordinance, further evidence is produced in writing which suggests that an inquiry should not be held, the Inquiry Committee shall consider such evidence. (4) When the Inquiry Committee is considering any evidence under subsection (3), the inquiry shall not commence and, if the inquiry has already commenced, it shall be suspended. (5) If, after considering any evidence under subsection (3), the Inquiry Committee is of the opinion that no inquiry should be held, the Secretary shall notify the respondent and, as far as practicable, the complainant in writing of the Inquiry Committee's opinion and the reasons for forming such opinion. (6) The respondent and the complainant may, within 30 days after being notified under subsection (5), make any written representations, and the Inquiry Committee shall, after considering such representations, if any, determine as to whether or not an inquiry should be held. Cap 428B s 17 Notice of a referral PART 5 DOCUMENTATION BEFORE INQUIRY For the purposes of section 17(2) of the Ordinance, a notice of a referral- (a) shall state the date, time and place at which the inquiry is to be held; and (b) shall be accompanied by an adequate statement, in the form of a charge, specifying the substance of the complaint. Cap 428B s 18 Summons to witness For the purposes of section 19(1)(b) and (2) of the Ordinance, a summons to witness shall be- (a) in such form as the Council may determine; and (b) served on a person in accordance with section 41(1). Cap 428B s 19 Amendments to notice of a referral (1) If, before the commencement of an inquiry, it appears to the chairman of the Inquiry Committee that a notice of a referral does not comply with the requirements of section 17 or is otherwise defective, the chairman may give such direction for the amendment of the notice as the chairman thinks necessary in order to remedy the defect unless, having regard to the merits of the case, the chairman is of the opinion that the required amendment cannot be made without injustice to the respondent. (2) The Secretary shall, as soon as practicable after the amendment of a notice of a referral under subsection (1), give notice in writing to the respondent and, as far as practicable, the complainant informing them of the amendment made to the notice. Cap 428B s 20 Documents sent to other party before inquiry (1) A party to an inquiry shall send to any other party to the inquiry, not less than 10 days before the date of the inquiry (or such lesser period as the parties may agree), copies of all the documents on which the first-mentioned party intends to rely at the hearing of the inquiry. |
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