【法规名称】
【法规编号】 82205 什么是编号？
【正 文】
第4页 CAP 162C MIDWIVES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATION
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[接上页] (2) Where a declaration referred to in section 22(3)(b) of the Ordinance shows that an applicant for a practising certificate has been convicted of a criminal offence that is punishable with imprisonment, in Hong Kong or elsewhere, the secretary shall submit the declaration to the chairman of the Committee, and in such case, sections 14, 15 and 16 and the provisions relating to an inquiry shall, with all necessary modifications, apply accordingly. Cap 162C s 14 Clarification and support for complaint or information (1) The chairman of the Committee, after receiving a complaint or information submitted by the secretary, may take any or all of the following actions- (a) require the complainant to set out specifically in writing the allegation and the grounds of the allegation; (b) require the complainant to further explain in writing the complaint or information concerned; (c) require that any matter alleged in the complaint or information be supported by one or more declarations, except where the complaint or information is in writing under the hand of a public officer acting in such capacity.(2) A declaration referred to in subsection (1)(c) shall contain the following particulars- (a) address of the declarant; (b) description of the declarant, including- (i) the name of the declarant; and (ii) the Hong Kong Identity Card number or passport number of the declarant; and(c) all the facts of the case that are to the declarant's knowledge, and if any of the facts are not within the personal knowledge of the declarant, then the source of the declarant's information and the grounds for the declarant's belief in the truth of the facts. Cap 162C s 15 Reference of complaint or information to Committee (1) Where the secretary has submitted a complaint or information to the chairman of the Committee in accordance with section 13, the chairman of the Committee shall, subject to section 14, refer the complaint or information, together with all relevant documents, to the Committee for its consideration. (2) Where the chairman of the Committee has referred a complaint or information to the Committee, unless the members of the Committee are unanimously satisfied that the complaint or information is frivolous or groundless, the chairman of the Committee shall then fix a date for the consideration of the complaint or information by the Committee, and shall direct the secretary to- (a) notify the respondent of the receipt of the complaint or information; (b) inform the respondent of the substance of the complaint or information; (c) forward to the respondent a copy of any declaration furnished under section 14(1)(c); (d) inform the respondent of the date fixed for the consideration of the complaint or information by the Committee; and (e) invite the respondent to submit to the Committee, either- (i) in writing; or (ii) in person, at the meeting to be held under section 16, any explanation relating to the respondent's conduct or to any other matter alleged in the complaint or information that the respondent may offer, and the secretary, when so directed, shall act accordingly. (3) For and only for the purpose of subsection (2), the Committee may, by circulation of papers, determine whether a complaint or information is frivolous or groundless, and a resolution so made shall be as valid and effectual as if it had been passed at a meeting of the Committee, if it is approved in writing by all of the Committee's members. (4) Where the Committee has, in accordance with subsection (3), determined that a complaint or information is frivolous or groundless, the chairman of the Committee shall direct the secretary to notify the complainant of the determination, and the secretary, when so directed, shall act accordingly. Cap 162C s 16 Consideration of complaint or information by Committee (1) A meeting of the Committee shall be held in camera. (2) At a meeting of the Committee, the secretary shall submit for the Committee's consideration the following- (a) the complaint or information to be considered by the Committee; (b) any declaration or document furnished which is related to the complaint or information; (c) any written explanation submitted by the respondent; and (d) any other document or matter which the secretary has obtained and which is in the nature of evidence relevant to or in support of the complaint or information.(3) After considering the matters referred to in subsection (2), and any other explanation submitted by the respondent at the meeting, the Committee may, subject to subsection (4), determine that- (a) no inquiry shall be held; or (b) the complaint or information shall, in whole or in part, be referred to the Council for inquiry.(4) A determination under subsection (3)(a) shall only be made if supported by a majority of the members; otherwise the Committee shall make a determination under subsection (3)(b). (5) Before making any determination under subsection (3), the Committee may cause to be made such further investigations and may obtain such additional advice or assistance as it considers necessary. |
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