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[接上页] (5) The Council may apply to a judge for an order- (a) restraining any person from using the description of "registered chiropractor" if the person has not complied with subsection (3) or (4); or (b) restraining any person whose name is not entered in the register from carrying on a chiropractic practice in such manner as may reasonably cause any other person to believe that he is a registered chiropractor. (Enacted 1993) Cap 428 s 24 Offences and penalties PART VII OFFENCES AND EVIDENCE Any person who- (a) having been summoned by an inquiry committee to attend as a witness or to produce a document or other thing under section 19 without reasonable excuse refuses or fails to do so; (b) attends as a witness before an inquiry committee and, without lawful excuse, refuses or fails to answer any question put to him by the inquiry committee; (c) fraudulently obtains registration as a registered chiropractor for himself or any other person; (d) obtains registration as a registered chiropractor for himself or any other person by means of any misleading, false or fraudulent representation or statement, either orally or in writing; (e) makes or causes to be made any falsification in the register; (f) impersonates or falsely represents himself as being the person referred to in any certificate or document presented to the Council or an inquiry committee in connection with its functions under this Ordinance; (g) not having his name entered in the register, takes or uses any name, initials, title, addition or description falsely implying that his name is entered in the register; (h) not having his name entered in the register, practises chiropractic; (i) not being the holder of a practising certificate then in force, practises chiropractic; (j) not having his name entered in the register, uses or knowingly permits the use in connection with his business or profession of- (i) the description "registered chiropractor"; or (ii) initials or abbreviations or words intended to cause, or which may reasonably cause, any person to believe that the person using them is a registered chiropractor; or(k) not having his name entered in the register, advertises or represents himself as a registered chiropractor or knowingly permits himself to be so advertised or represented,commits an offence and is liable to a fine of $50000 and to imprisonment for 1 year. (Enacted 1993) Cap 428 s 25 Certificate as evidence (1) A certificate, purporting to be signed by the Secretary, that the name of a person has or has not been entered in or has been removed or ordered to be removed from the register shall for all purposes, without further proof, be evidence of the facts stated in the certificate. (2) A certificate purporting to be signed by the Secretary, that at a date specified in the certificate a person is not or was not the holder of a practising certificate then in force shall for all purposes, without further proof, be evidence of the facts stated in the certificate. (Enacted 1993) Cap 428 s 26 Protection of members of Council and committees (1) No member or employee of the Council or of any committee of the Council shall be personally liable for any act done or default made- (a) by the Council; or (b) by any committee of the Council,acting in good faith in the exercise or purported exercise of the powers conferred on the Council by, or by virtue of, this Ordinance. (2) The protection hereby conferred on members and employees of the Council or of a committee in respect of any act or default shall not in any way affect any liability of the Council for that act or default. (Enacted 1993) Cap 428 s 27 Regulations Remarks: Adaptation amendments retroactively made - see 37 of 2000 s. 3 The Chief Executive in Council may by regulation provide for- (Amended 37 of 2000 s. 3) (a) the fees to be paid in connection with matters within the scope of this Ordinance; (b) anything that is to be or may be prescribed; (c) generally carrying into effect the provisions of this Ordinance. (Enacted 1993) Cap 428 SCHEDULE [sections 2 & 4] PROVISIONS AS RESPECTS THE COUNCIL AND ITS MEMBERS 1. (1) A member of the Council shall hold his office in accordance with the terms of his appointment. (2) A member of the Council appointed under section 3(2)(b) or (c) of this Ordinance may at any time by notice in writing to the Chief Executive resign his office. (Amended 37 of 2000 s. 3) 2. If the Chief Executive is satisfied that a member of the Council appointed under section 3(2)(b) or (c) of this Ordinance- (a) has become bankrupt or made an arrangement with his creditors; or (b) is incapacitated by physical or mental illness; or (c) is otherwise unable or unfit to discharge the functions of a member,the Chief Executive may declare his office as a member of the Council to be vacant, and shall notify the fact in such manner as the Chief Executive thinks fit; and upon such declaration the office shall become vacant. (Amended 37 of 2000 s. 3) |