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[接上页] (Added 9 of 2002 s. 4) Cap 164 s 16B Recovery of practising fees (1) If a person to whom section 16A applies contravenes subsection (1) of that section, the amount of the prescribed fee payable by him under subsection (2) of that section shall be recoverable as a civil debt. (2) In any proceedings under this section a certificate purporting to be under the hand of the secretary to the effect that the person concerned had not paid the prescribed fee for the issue of a practising certificate issued under section 16A is admissible as evidence of the non-payment of the fee. (3) On recovery of a prescribed fee payable under section 16A the secretary shall, if the name of the person concerned appears on the roll, issue to him an appropriate practising certificate. (Added 34 of 1995 s. 29) Cap 164 s 17 Disciplinary powers of the Council PART V DISCIPLINARY PROCEEDINGS AND OFFENCES (1) If, after due inquiry into any case referred to it by the Preliminary Investigation Committee in accordance with regulations made under section 27, the Council is satisfied that any registered nurse or any enrolled nurse, as the case may be- (Amended 82 of 1997 s. 21) (a) has been, in Hong Kong or elsewhere, convicted of any offence punishable with imprisonment; (b) has been, in Hong Kong or elsewhere, guilty of unprofessional conduct; (c) has obtained registration or enrolment by fraud or misrepresentation; (d) was not at the time of registration or enrolment qualified to be registered or enrolled; or (e) has contravened any prohibition imposed under section 25(1),the Council, in its discretion, may- (Amended 82 of 1997 s. 21) (i) order that the name of the registered nurse or enrolled nurse be removed from the register or roll or any part thereof; (ii) order that the name of the registered nurse or enrolled nurse be removed from the register or the roll or any part thereof, for such specified period as it may think fit; (iii) order that such registered nurse or enrolled nurse be reprimanded; or (iv) postpone judgment on the case for any period not exceeding 2 years,and may, in any event, make such order as the Council thinks fit with regard to the payment of costs of the chairman or of the secretary or other person presenting the case to the Council or of any complainant or of such registered nurse, or such enrolled nurse. (Replaced 38 of 1970 s. 7. Amended 67 of 1985 s. 16; 82 of 1997 s. 21) (2) Any costs awarded in pursuance of subsection (1) may be recovered as a civil debt. (Amended 38 of 1970 s. 7) (3) For the purposes of sections 9 and 15 and this section, "unprofessional conduct" (不专业行为) means an act or omission by a registered nurse or an enrolled nurse which could be reasonably regarded as disgraceful or dishonourable by registered nurses or enrolled nurses of good repute and competency. (Amended 38 of 1970 s. 7; 67 of 1985 s. 16) (4) Nothing in this section shall be construed to require the Council to inquire into the question whether a registered nurse or an enrolled nurse was properly convicted but the Council may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence. (Amended 38 of 1970 s. 7; 82 of 1997 s. 21) (5) In any inquiry under this section as to whether a registered nurse or an enrolled nurse has been guilty of unprofessional conduct, any finding of fact which is shown to have been made in any matrimonial proceedings in a Court of the Commonwealth having unlimited jurisdiction in civil matters, or on appeal from a decision in such proceedings, shall be conclusive evidence of the fact found. (Amended 38 of 1970 s. 7) (6) Within 30 days after the expiration of the time within which an appeal against an order made by the Council may be made to the Court of Appeal in accordance with the provisions of section 22, or if such an appeal has been made, within 30 days after the decision of the Court of Appeal affirming or varying such order, the Council shall cause the order or the order as so varied, as the case may be, to be published in the Gazette, and may cause an account of the proceedings at the inquiry at which such order was made to be so published together with sufficient particulars to acquaint the public with the nature of the offence to which the order relates. (Amended 92 of 1975 s. 59; 82 of 1997 s. 21) (Amended 45 of 1972 s. 3) Cap 164 s 18 Powers of the Council with regard to obtaining evidence and the conduct of proceedings (1) For the purpose of any inquiry under section 9, 15 or 17, the Council shall have the following powers- (Amended 38 of 1970 s. 8; 82 of 1997 s. 21) (a) to take evidence and examine witnesses on oath; (b) to summon any person to attend the inquiry to give evidence or to produce any document or other thing in his possession or under his control and to examine him as a witness or to require him to produce any document or other thing in his possession or under his control; |