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[接上页] (b) service of the summons under subsection (2) is proved, the magistrate shall, if he is satisfied that the practitioner has been given an adequate period of notice of the proceedings, proceed to deal with the complaint as if the practitioner had appeared. (4) In any proceedings under this section a certificate purporting to be under the hand of the Registrar to the effect that the medical practitioner concerned had not paid the prescribed fee for the issue of a practising certificate shall, until the contrary is proved, be evidence of non-payment of the fee. (5) If the magistrate makes an order requiring the medical practitioner to pay the prescribed fee for the issue of a practising certificate, he shall at the same time make an order requiring the medical practitioner to pay an additional amount by way of surcharge at the rate of treble the amount of the said prescribed fee. (6) For the purposes of section 51 of the Magistrates Ordinance (Cap 227) any fee and surcharge which a medical practitioner is liable to pay under this section shall be deemed to be a sum of money required to be paid under an order by a magistrate. (7) On recovery from a medical practitioner of a prescribed fee under this section, together with the surcharge ordered to be paid under subsection (5), the Registrar shall, if the medical practitioner's name appears on the General Register, issue the medical practitioner with the appropriate practising certificate. (Amended 34 of 1995 s. 15; 7 of 1996 s. 17) (Added 70 of 1975 s. 7) Cap 161 s 20BA Establishment of committees and sub-committees PART IIIAA COMMITTEES AND SUB-COMMITTEES (1) The Council may establish such committees for the better performance of its duties and exercise of its powers as it thinks fit. (2) Without prejudice to the generality of the Council's power to establish committees under subsection (1), the Council may establish the following committees in accordance with, and having such functions as are assigned to them by this Ordinance or delegated to them by the Council, namely- (a) the Licentiate Committee; (b) the Education and Accreditation Committee; (c) the Ethics Committee; (d) the Preliminary Investigation Committee; and (e) the Health Committee. (3) Subject to subsection (4) and the relevant provisions relating to a committee established under subsection (2), the Council may appoint members of the Council, and persons who are not such members, to be members of a committee. (4) The Council shall not appoint to any committee a person in respect of whom the Council has, at any time, made an order in accordance with section 21 or 21A. (5) Only a member of the Council is eligible to be appointed as the chairman of a committee. (6) If any committee has, in the opinion of the Council, acted in a manner that is prejudicial to the interest of the public or the medical profession, and not less than 3 quarters of the members of the Council resolve that the committee should be dissolved, the Council may dissolve the committee. (7) Upon a dissolution of a committee under subsection (6), the Council may perform the functions of the committee so dissolved which are assigned by this Ordinance and shall make such appointments as are necessary to re-establish the committee with new membership within 3 months of the dissolution. (8) A committee may appoint a sub-committee to perform any function assigned or delegated to the committee. (9) The relevant provisions of Schedule 2 have effect with respect to a committee or a sub-committee established under this section. (10) Subject to subsection (11), a sub-committee may include persons who are not members of the committee. (11) A person in respect of whom the Council has, at any time, made an order in accordance with section 21 or 21A shall not be appointed to any sub-committee established under this Ordinance. (12) A committee appointing a sub-committee (other than a sub- committee of the Licentiate Committee appointed for the purpose of hearing a review under section 20G) shall not appoint any person other than a member of the committee to be the chairman of the sub-committee. (13) Part VII of the Interpretation and General Clauses Ordinance (Cap 1) applies to a committee or a sub-committee established under this section and appointments to the committee or sub-committee except in so far as it is inconsistent with this Ordinance. (14) The Council may by order published in the Gazette amend Schedule 2. (Added 7 of 1996 s. 18) Cap 161 s 20C Licentiate Committee PART IIIA LICENTIATE COMMITTEE AND APPEALS (1) If the Council decides to establish the Licentiate Committee, the Council shall appoint to the Committee- (a) a chairman who shall be elected by the Council from among its members; (b) not more than 3 registered medical practitioners nominated by the Director, one of whom shall be a public officer; (c) 2 registered medical practitioners nominated by the University of Hong Kong; |