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(Cap 161, section 33(3)) [24 January 1997] L.N. 45 of 1997 (L.N. 520 of 1996) Cap 161D s 1 (Omitted as spent) (Omitted as spent) (Enacted 1996) Cap 161D s 2 Approved experience in a resident medical capacity (1) Subject to section 9(4) of the Ordinance and to subsection (2), the period of employment in a resident medical capacity in an approved hospital or institution for which a person has to be engaged in accordance with section 9(1), (2) and (3) of the Ordinance is 1 year, for 6 months of which the person is to be engaged in a resident surgical post and for 6 months of which in a resident medical post. (2) Any period of time for which a person has been engaged in a midwifery post may be counted for the purpose of the 1 year period either as time engaged in a medical post or as time engaged in a surgical post as the person may elect, for a period not exceeding 6 months. (Enacted 1996) Cap 161D s 3 Period of assessment For the purposes of section 10A(1) of the Ordinance, the prescribed period is 12 months. (Enacted 1996) Cap 161D s 4 Duties of Secretary relating to certificates and certified copies On application and on payment of the appropriate prescribed fee which is required to be paid for the issue of the certificate or certified copy, the Secretary or a deputy secretary of the Council shall issue- (a) a certified copy of any entry in the General Register or the Specialist Register; (b) a certificate of good standing, on behalf of the Council; (c) a certificate verifying registration in the General Register or inclusion of name in the Specialist Register; (d) a certified copy of the record of training received during the period of assessment under section 10A of the Ordinance. (Enacted 1996) Cap 161D s 5 Duties of Registrar relating to practising certificates and certificates under section 19A of Ordinance (1) An application for the issue of a practising certificate or a certificate under section 19A of the Ordinance must be- (a) in writing; (b) accompanied by the appropriate prescribed fee; and (c) supported by a declaration by the applicant as to whether or not he has been convicted of an offence punishable with imprisonment, in Hong Kong or elsewhere. (2) Upon an application under subsection (1), and where the declaration shows that the applicant has not been convicted of an offence punishable with imprisonment, the Registrar shall issue the certificate applied for. (3) If a declaration submitted under subsection (1) shows that the applicant has been convicted of an offence punishable with imprisonment, the Registrar shall refer the matter to the Secretary and the Secretary shall treat the reference as a complaint or information for the purposes of section 6 of the Medical Practitioners (Registration and Disciplinary Procedure) Regulation (Cap 161 sub. leg.). (4) If, pursuant to a referral under subsection (3), the Council directs that the applicant may be issued with a practising certificate or a certificate under section 19A of the Ordinance, the Registrar shall issue the certificate as directed. (Enacted 1996) Cap 161D s 6 Duties of Legal Adviser in inquiry by Council (1) The Legal Adviser to the Council shall be present at every inquiry held by the Council in accordance with section 21 of the Ordinance and at every meeting of the Council held for the purpose of making an order under section 19B(2) or 21A of the Ordinance or for the purpose of reviewing an order of the Council, and the Council shall not commence such an inquiry or a meeting if the Legal Adviser is not present. (2) The Legal Adviser to the Council shall be present at any appeal hearing from the decision of a committee or a meeting of the Council pursuant to an election petition under the Medical Practitioners (Electoral Provisions) (Procedure) Regulation (Cap 161 sub. leg.). (Enacted 1996) Cap 161D s 7 Duties of Legal Adviser in ordinary meetings of Council The Chairman may give to the Legal Adviser to the Council prior notice that his advice may be required at any meeting of the Council, other than a meeting of the Council mentioned in section 6, and, if such notice is given, the Legal Adviser shall be present at such meeting. (Enacted 1996) Cap 161D s 8 Advice by Legal Adviser (1) When the Legal Adviser to the Council advises the Council on any question of law as to evidence, procedure or any other matter, in any inquiry under section 21 of the Ordinance, an appeal hearing from a decision of a committee or a meeting of the Council pursuant to an election petition under the Medical Practitioners (Electoral Provisions) (Procedure) Regulation (Cap 161 sub. leg.), he shall do so in the presence of every party to the proceedings or the person representing each party or, if the advice is tendered after the Council has commenced to deliberate as to its findings, every such party or person as aforesaid shall be informed of the advice that the Legal Adviser has tendered. (2) In any case where the Council does not accept the advice of the Legal Adviser to the Council on any such question mentioned in subsection (1), every such party or person shall be informed of this fact. |