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[接上页] (1) The Secretary shall serve a copy of any order made under section 18(a) to (f), together with a copy of the inquiry committee's reasons, or serve notice that the inquiry committee has not found that the registered chiropractor concerned committed a disciplinary offence, upon the registered chiropractor who was the subject of the complaint, either personally or by prepaid registered post addressed to his registered address. (2) The Secretary shall not remove the name of the registered chiropractor from the register before the expiry of a period of 3 months after the date of service of the order under subsection (1), and in the event of an appeal under section 22 or until the time for the giving of notice of such appeal has expired shall await the decision of the Court of Appeal. (3) Any person whose name has been removed from the register under this Ordinance may apply to the Council for the restoration of his name to the register, and the Council may, after such inquiry and subject to such conditions as it may consider desirable, allow or refuse the application. (4) If the Council allows the application under subsection (3), it shall order the Secretary to restore the name of the applicant to the register on payment by the applicant of the prescribed fee. (Enacted 1993) Cap 428 s 21 Publication of disciplinary orders (1) After the expiry of the time within which notice of an appeal under section 22 against an order of an inquiry committee under section 18(a) to (f) is to be given, or where in the case of an appeal, the order is affirmed or varied or the appeal is abandoned, the Council- (a) shall publish a copy of the order or the order as varied on appeal in one English and one Chinese newspaper circulating in Hong Kong; and (b) may publish the order or the order as varied on appeal in any other publication or manner as the Council thinks fit.(2) Where an order is published under subsection (1), the Council- (a) shall publish with such order sufficient particulars to acquaint the public with the nature of the matter to which the order relates; and (b) may publish with such order an account of the proceedings of the inquiry committee.(3) No action in damages for defamation shall lie against any person as a result of publishing an order and other particulars required or permitted under this section. (Enacted 1993) Cap 428 s 22 Appeal to Court of Appeal Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART V APPEALS (1) Any person who is aggrieved by any decision or order made in respect of him under section 11(1) or 18 may appeal to the Court of Appeal. (2) The Court of Appeal may affirm, reverse or vary the decision or order appealed against. (3) Where a person appeals against a decision of an inquiry committee, the Court of Appeal shall consider the reasons of the inquiry committee and submissions upon the findings of fact and law of the inquiry committee made on behalf of the parties to the inquiry and may call for the original record of the evidence taken and a record of any advice tendered by the Legal Adviser to the inquiry committee under section 7(3) and any document put in evidence before the inquiry committee. (4) The Court of Appeal may, upon special grounds being shown, consider any additional evidence not adduced before the inquiry committee. (5) The practice in relation to any appeal shall be subject to any rules of court made under the High Court Ordinance (Cap 4). (Amended 25 of 1998 s. 2) (6) The Court of Appeal shall not have power to hear any appeal against a decision made under section 11(1) or against an order made under section 18 unless notice of such appeal is given within 3 months of the decision or of the service of order under section 20. (7) In deciding any appeal under this section the Court of Appeal may make such order for the payment of costs as it considers reasonable. Cap 428 s 23 Use of title PART VI USE OF TITLE (1) A person whose name does not appear on the register shall not be entitled to describe himself as a "registered chiropractor". (2) The Council may apply to a judge for an order restraining any person whose name is not on the register from describing himself as a "registered chiropractor". (3) A person carrying on the business of chiropractic, otherwise than as part of a multidisciplinary practice, may use the description of "registered chiropractor" if, but only if, at each place where such business is carried on, that business is conducted under the supervision of a registered chiropractor who does not at the same time act in a similar capacity for any other person. (4) A person carrying on the business of chiropractic as part of a multidisciplinary practice may use the description of "registered chiropractor" if, but only if, the business, so far as it relates to chiropractic, is under the full time management and control of a registered chiropractor who does not at the same time act in a similar capacity for any other person. |