|
[接上页] Cap 156 s 16 Inspection of premises used for the practice of dentistry (1) It shall be lawful for any public officer thereunto authorized by the Council to enter and inspect any premises used or proposed to be used for the practice of dentistry. Such officer shall produce, on demand, a written authority, signed by the Chairman or the Secretary authorizing such entry and inspection. (Amended 4 of 1988 s. 6; L.N. 126 of 1995) (2) Any person wilfully obstructing or resisting an officer duly authorized by the Council in the inspection of premises used or proposed to be used for the practice of dentistry commits an offence and is liable on summary conviction to a fine of $500. (Amended 68 of 1986 s. 13) Cap 156 s 17 Premises unsuitable for the practice of dentistry No registered dentist shall practise dentistry in premises or under conditions which are unsuitable for such practice. Cap 156 s 18 Disciplinary inquiries by the Council (1) If, after due inquiry into any case referred to it by the Preliminary Investigation Committee in accordance with regulations made under section 29, the Council is satisfied that any registered dentist- (Amended 12 of 1968 s. 4) (a) has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; or (Amended 79 of 1984 s. 7) (b) has been guilty of unprofessional conduct; or (c) has obtained registration by fraud or misrepresentation; or (d) was not at the time of his registration qualified to be registered; or (e) has contravened the provisions of section 17, the Council may, in its discretion- (i) order the name of the registered dentist to be removed from the register; or (ii) order the name of the registered dentist to be removed from the register for such period as it may think fit; or (iii) order the registered dentist to be reprimanded; or (iv) make any other order as it thinks fit, but no such order shall be of greater severity than those in paragraphs (i) to (iii), (Replaced 16 of 1992 s. 2) and may, in any case, make such order as the Council thinks fit with regard to the payment of the costs of the Secretary, a complainant, a counsel or solicitor present at the inquiry and the registered dentist or any one or more of them, and any costs awarded may be recovered summarily as a civil debt in accordance with the Magistrates Ordinance (Cap 227). (Amended 49 of 1977 s. 8.) (1A) The Council may, in making any of the orders referred to in subsection (1)(i) to (iii), order that the operation of such order be suspended so that it shall not take effect unless, during a period or periods specified in the suspending order in aggregate not exceeding 2 years, a finding is made against the registered dentist under subsection (1)(a) to (e) or he is found by the Council to be in breach of any condition imposed by the Council at the time of making the suspending order. (Added 16 of 1992 s. 2) (2) For the purposes of subsection (1), "unprofessional conduct" (不专业行为) means an act or omission of a registered dentist which would be reasonably regarded as disgraceful or dishonourable by registered dentists of good repute and competency. (3) Nothing in this section shall be deemed to require the Council to inquire into the question whether the registered dentist 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. (4) In any inquiry under this section as to whether a person 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. (5) Within 1 month after the expiry of the time within which an appeal against an order made by the Council in accordance with the provisions of subsection (1) may be made to the Court of Appeal in accordance with the provisions of section 23, or if such appeal has been made, within 1 month after the decision of the Court of Appeal affirming or varying such order, the Council shall, in the case of an order made under subsection (1)(i) to (iii), and may, in the case of an order made under subsection (1)(iv), cause the order or the order as varied on appeal to be published in the Gazette. (Amended 16 of 1992 s. 2) (6) Where any order is published in the Gazette pursuant to subsection (5), the Council- (a) shall publish with the order- (i) sufficient particulars to acquaint the public with the nature of the matter to which the order relates; and (ii) where an order has been made under subsection (1A) suspending the operation of the order, details of the suspending order; and (b) may publish with the order an account of the proceedings at the inquiry at which the order was made. (Added 16 of 1992 s. 2) |