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[接上页] (3) Where the Secretary receives a complaint alleging a disciplinary offence, the Secretary shall submit the complaint to 2 members of the Council appointed for the purpose, one of whom shall be a person appointed under section 3(2)(b), and the members shall determine whether the complaint should be referred to the Council. (Enacted 1993) Cap 428 s 17 Inquiry committee and rules of conduct (1) The Council may refer any complaint alleging a disciplinary offence to an inquiry committee for decision, and for that purpose the Council may establish an inquiry committee of not less than 3 of its members, one of whom shall be a person appointed under section 3(2)(b), to determine whether or not the registered chiropractor against whom the complaint is made has committed a disciplinary offence. (2) The Secretary shall send notice of a referral under subsection (1) and an adequate statement of the substance of the complaint by prepaid registered post to the registered address of the registered chiropractor. (3) The Council may make rules providing for the conduct of its inquiries by an inquiry committee and for other matters relating to the investigation of an alleged disciplinary offence. (4) The Legal Adviser shall be present at every inquiry conducted by an inquiry committee. (5) The inquiry committee shall not proceed to hear evidence of a complaint concerning a disciplinary offence unless it is satisfied that the requirements of subsection (2) have been complied with and that the registered chiropractor in respect of whom the complaint is made has been given 28 days' notice of the complaint and the date, time and place of the hearing. (6) The registered chiropractor referred to in subsection (5) shall be entitled to attend and hear all evidence produced at the hearing and informed of any advice tendered by the Legal Adviser to the inquiry committee under section 7(3) and shall be provided with a copy of this Ordinance and any rules made under this section. (7) The Council may make rules for the rehearing of an inquiry by an inquiry committee. (8) Where a registered chiropractor is alleged to have committed a disciplinary offence under section 16(1)(b) or (f), the inquiry committee- (a) shall not be required to inquire whether the registered chiropractor was properly convicted of the alleged offence; and (b) may consider any record of the case in which a conviction was recorded and any other evidence which the inquiry committee may think is relevant as showing the nature and gravity of the offence.(9) The inquiry committee may, in deciding whether a person has committed a disciplinary offence, have regard to any rules of professional conduct or Code of Practice made or issued by the Council. (Enacted 1993) Cap 428 s 18 Disciplinary order of inquiry committee Where an inquiry committee finds that a registered chiropractor committed a disciplinary offence, the inquiry committee may make any one or more of the following orders- (a) order the Secretary to remove the name of the registered chiropractor from the register; (b) order the Secretary to remove the name of the registered chiropractor from the register for such period as the inquiry committee may think fit; (c) reprimand the registered chiropractor in writing and order the Secretary to record the reprimand on the register; (d) order that an order made under this section be suspended, subject to such conditions as the inquiry committee may think fit, for a period not exceeding 2 years; (e) order that the Council shall not accept an application from the person being the subject of an order under paragraph (a) or (b) for registration as a registered chiropractor either for a fixed period or until that person satisfies the Council that he should be so registered; (f) make any other order as it thinks fit, but no such order shall be of greater severity than those in paragraphs (a) to (e). (Enacted 1993) Cap 428 s 19 Powers in regard to obtaining of evidence and conduct at inquiry (1) An inquiry committee shall have power- (a) to hear, receive and examine evidence on oath; (b) to summon any person to attend the inquiry either as the person whose conduct is the subject of the inquiry or to give evidence or produce any document or other thing in his possession and to examine him as a witness under oath or require him to produce any document or other thing in his possession; (c) to admit or exclude the public or any member of the public from the inquiry; (d) to admit or exclude the media from the inquiry.(2) The Secretary shall sign summonses to witnesses. (3) No person shall be required to answer any question or produce any document or other thing which, in the opinion of the Legal Adviser, may tend to incriminate him. (4) A witness shall, in respect of any evidence given by him before the inquiry committee, be entitled to the same privileges to which he would be entitled if he were giving evidence in court. (Enacted 1993) Cap 428 s 20 Service of orders of inquiry committee |