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[接上页] (4) Where for any reason a person elected or appointed to the Committee under paragraph (1) is or will be unable temporarily to exercise his functions as such member, another member of the Council may be elected by the Council or, as the case may be, appointed by the chairman, to be temporarily a member of the Committee. (5 of 1988 s. 6(1)) (5) If the person who is unable temporarily to exercise his functions as a member of the Committee was elected to the Committee under sub-paragraph (a) of paragraph (1) the person elected to be temporarily a member of the Committee shall, during the period of his membership of the Committee, be chairman of the Committee. (6) If the person who is unable temporarily to exercise his functions as a member of the Committee was appointed to the Committee under sub-paragraph (b) of paragraph (1) the person appointed to be temporarily a member of the Committee shall be a registered nurse who- (a) is not a member of the Council; (b) is ordinarily resident in Hong Kong; (c) is nominated by the Hong Kong Nurses Association; and (d) is appointed by the chairman. (5 of 1988 s. 6(1))(7) If- (a) at the time the membership of any person elected or appointed to be a member of the Committee under paragraph (1) terminates by virtue of paragraph (2) or (3); or (b) at the time the membership of any person elected or appointed to be temporarily a member of the Committee under paragraph (4), (5) or (6) terminates,the Committee is considering any complaint or information under these regulations, then if such person is not thereupon elected or re-elected or, as the case may be, appointed or re-appointed, to be a member of the Committee, the membership of such person shall continue by virtue of this paragraph for the purposes of the consideration of such complaint or information by the Committee, but for no other purpose, until the Committee has discharged its functions in respect of such complaint or information. (8) A person elected or appointed to be a member of the Committee may at any time resign his membership of the Committee by notice in writing addressed to the secretary or, as the case may be, the chairman, save that, if at any time such notice is given the Committee is considering any complaint or information the person so resigning shall, if so required by the Council or, as the case may be, the chairman, continue to be a member of the Committee for the purposes of the consideration of such complaint or information but for no other purpose, until the Committee has discharged its functions in respect of the complaint or information. (5 of 1988 s. 6(1)) (9) No member of the Committee shall attend any meeting of the Council as a member of the Council during the hearing or determination of any complaint or information against any person which is referred to the Council by the Committee for determination if such member has attended any meeting of the Committee at which such complaint or information was considered. (10) The Committee shall meet from time to time as directed by the chairman of the Committee who may at any time adjourn any meeting of the Committee. (L.N. 34 of 1970; L.N. 116 of 1999) Cap 164A reg 16 Submission of complaint or information Where a complaint is made to or information is received by the secretary that a registered nurse- (a) has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; (b) has been guilty of unprofessional conduct; (c) has obtained registration by fraud or misrepresentation; or (d) was not at the time of his registration entitled to be registered, the secretary shall submit the complaint or information to the chairman of the Committee. (L.N. 34 of 1970) Cap 164A reg 17 Complaint or information touching conduct (1) Where, in a complaint or information submitted by the secretary to the chairman of the Committee under regulation 16, any allegation is made which in the opinion of the chairman of the Committee gives rise to a question whether a registered nurse has been guilty of unprofessional conduct, the chairman of the Committee may require that the complaint or information be formulated in writing setting out the grounds thereof and, except where the complaint or information is in writing under the hand of a public officer, supported by one or more statutory declarations as to the facts of the case. (2) Each statutory declaration referred to in paragraph (1)- (a) shall state the address and description of the declarant; and (b) if any fact declared is not within the personal knowledge of the declarant, shall state the source of the declarant's information and the grounds for his belief in the truth of the facts; and (c) (Repealed 34 of 1995 s. 33) (L.N. 34 of 1970) Cap 164A reg 18 Reference of the complaint or information to the Committee (1) Where a complaint or information is submitted to the chairman of the Committee by the secretary, the chairman of the Committee shall, unless it appears to him that the complaint or information is frivolous or groundless and should not proceed further, direct that the complaint or information be referred to the Committee for its consideration and shall fix a date upon which it is proposed that the Committee shall meet to consider the complaint or information. |