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[接上页] (a) died; (b) applied to discontinue his registration; (c) in the opinion of the Board, ceased to be ordinarily resident in Hong Kong; (d) failed to renew his registration; (e) ceased to hold a qualification by virtue of which he was registered; or (f) failed to notify a change of details required under section 11(3).(2) For the purposes of subsection (1)(c), if a registered professional planner has failed to reside in Hong Kong for a period of 2 years or more, the Board shall not consider him to be ordinarily resident in Hong Kong. (3) Subject to section 26(2), the Registrar shall remove a name from the register if he receives an order of the Court of Appeal or an inquiry committee directing that the name be removed from the register. (4) Where the Registrar intends to remove the name of a registered professional planner from the register under subsection (1)(c), (d), (e) or (f), he shall send notice of his intention by prepaid registered post to the registered address of the registered professional planner and shall not remove his name until the expiry of a period of 28 days after the date of posting the notice. (5) If the Registrar gives notice to a registered professional planner that- (a) the Board is of the opinion that he is not ordinarily resident in Hong Kong and, before the Registrar acts to remove his name from the register, the registered professional planner satisfies the Board that he is ordinarily resident in Hong Kong; (b) he has not applied to renew his registration and, before the Registrar acts to remove his name from the register, the registered professional planner properly applies to renew his registration; (c) he has ceased to hold a qualification by virtue of which he was registered and, before the Registrar acts to remove his name from the register, the registered professional planner satisfies the Board that he holds the qualification; or (d) he has failed to notify a change in particulars required under section 11(3) and, before the Registrar acts to remove his name from the register, the registered professional planner takes such action as will remedy the defect in the register,the Registrar shall not remove the name from the register for the reason set out in the notice referred to in subsection (4). (6) If the name of a registered professional planner is removed from the register, his registration is cancelled and he shall return any certificate issued in respect of his registration to the Registrar. (7) The Board shall not be liable to refund to a person any fee, or any part of any fee, on the removal of his name from the register. (8) The Registrar may correct any error apparent on the face of the register. (Enacted 1991) Cap 418 s 20 Disciplinary offences PART IV DISCIPLINARY PROCEEDINGS (1) A registered professional planner commits a disciplinary offence if he- (a) commits misconduct or neglect in any professional respect; (b) has been convicted of an offence under this Ordinance; (c) has obtained registration under this Ordinance by fraud or misrepresentation; (d) was not at the time of his registration under this Ordinance entitled to be registered; (e) without reasonable excuse, fails to attend before an inquiry committee when summoned either as a witness or as a person in respect of whom the inquiry committee is meeting; or (f) has been convicted in Hong Kong or elsewhere of any offence which may bring the profession into disrepute and sentenced to imprisonment, whether the sentence is suspended or not.(2) If a person who has been guilty of misconduct or neglect in a professional respect or has been convicted of an offence under this Ordinance or has been convicted of an offence likely to bring the profession into disrepute and sentenced to imprisonment, informs the Board of such misconduct, neglect or conviction when he applies for registration or renewal of registration and the Board subsequently accepts the person for registration or renewal of registration, that person shall not, for the purposes of registration or renewal of registration, be considered as having committed a disciplinary offence in respect of the disclosed misconduct, neglect or conviction. (3) Where the Registrar receives a complaint concerning a disciplinary offence, the Registrar shall submit the facts to 2 members of the Board appointed for the purpose, and the members, in consultation with the Registrar, shall determine whether the complaint should be referred to the Board. (Enacted 1991) Cap 418 s 21 Inquiry committee and rules of conduct (1) The Board may refer any complaint concerning a disciplinary offence to an inquiry committee for decision, and for that purpose the Board may establish an inquiry committee of not less than 3 members of the Institute to determine whether or not the registered professional planner against whom the complaint is made has committed a disciplinary offence. (2) The Board 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. |