|
[接上页] (4) The Court of Appeal may, upon special grounds being shown, consider any additional evidence not adduced before the inquiry committee. (5) The decision of the Court of Appeal upon any appeal shall be final. (6) The practice in relation to any appeal shall be subject to any rules of court made under the High Court Ordinance (Cap 4). (Amended 57 of 1999 s. 3) (7) The Court of Appeal shall not have power to hear any appeal against a decision or order made under section 14(1), 15(5) or 23(1) unless- (a) in the case of a decision made under section 14(1) or 15(5), notice of such appeal is given within 3 months after the applicant is notified in writing of the decision; (b) in the case of an order made under section 23(1), notice of such appeal is given within 3 months of the service of the order under section 26. (Replaced 33 of 1997 s. 27)(8) In deciding any appeal under this section the Court of Appeal may make such order for the payment of costs as it considers reasonable. (Enacted 1991) Cap 418 s 29 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 professional planner" or to use the initials "R.P.P." after his name. (2) The Board may apply to a judge for an order restraining any person whose name is not on the register from describing himself as "registered professional planner" or using the initials "R.P.P.". (3) A person, including a firm or company, shall not use the description of "registered professional planners" or the initials "R.P.P." unless- (a) at each place where the person carries on the business of planning, that business is conducted under the supervision of a registered professional planner who does not act at the same time in a similar capacity for any other person other than for a firm or company that has substantially the same beneficial ownership and management as the person (where the person is a firm or company); (b) where the person carries on a multidisciplinary practice, that business, so far as it relates to planning, is under the full time control and management of a registered professional planner who does not act at the same time in a similar capacity for any other person other than for a firm or company that has substantially the same beneficial ownership and management as the person (where the person is a firm or company).(4) The Board may apply to a judge for an order- (a) restraining any person, including a firm or company, from using the description of "registered professional planners" or the initials "R.P.P." if the person has not complied with subsection (3); or (b) restraining any person whose name is not entered in the register from carrying on a professional planning practice in such manner as may reasonably cause any other person to believe that he is a registered professional planner. (Enacted 1991) Cap 418 s 30 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 24 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 professional planner for himself or any other person; (d) obtains registration as a registered professional planner 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 Board or an inquiry committee in connection with its functions under this Ordinance; (g) falsely takes or uses any name, initials, title, addition or description implying that his name is entered in the register; (h) not being a registered professional planner, uses or knowingly permits the use of in connection with his business or profession- (i) the description "registered professional planner"; (ii) the initials "R.P.P."; or (iii) initials or abbreviations or words intended to cause, or which may reasonably cause, any person to believe that the person using them is on the register;(i) not being on the register, advertises or represents himself as a registered professional planner or knowingly permits himself to be so advertised or represented; (j) holds himself out to be ordinarily resident in Hong Kong at the time of making an application for registration when he is not so ordinarily resident,commits an offence and is liable to a fine of $50000 and to imprisonment for 1 year. (Enacted 1991) Cap 418 s 31 Certificate as evidence A certificate, purporting to be signed by the Registrar, 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. (Enacted 1991) |