【法规名称】
【法规编号】 82263 什么是编号？
【正 文】
第7页 CAP 50A PROFESSIONAL ACCOUNTANTS BY-LAWS
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[接上页] Cap 50A bylaw 33 Register (1) The Registrar shall keep a register of registered students and shall advise the Council of the name of a registered student whose annual registration fee or other fee or money due to the Institute is more than 2 months in arrear. (L.N. 137 of 1977) (2) The Council may direct the Registrar to remove from the register of registered students the name of a student whose annual registration fee or other fee or money due to the Institute is more than 3 months in arrear. (L.N. 137 of 1977) (3) The Registrar shall in writing notify a student of a direction of the Council under paragraph (2), and if the annual registration fee or other fee or money due to the Institute remains unpaid for more than 14 days after such notice the Registrar shall remove the name of the student from the register. (96 of 1994 s. 42; 23 of 2004 s. 55) Cap 50A bylaw 34 Disciplinary provisions (1) A complaint that a registered student- (L.N. 395 of 1981) (a) has been convicted of an offence under Part V (Perjury) of the Crimes Ordinance (Cap 200); (b) has been convicted in Hong Kong or elsewhere of any offence involving dishonesty; (c) has been guilty of misconduct in carrying out his duties; (d) has been guilty of conduct which renders him unfit to become a certified public accountant; or (23 of 2004 s. 55) (e) has refused, or neglected without reasonable excuse, to comply with such of these by-laws as are applicable to him,shall be made to the Registrar who shall submit the complaint to the Council which may, in its discretion, constitute a Disciplinary Committee to deal with the complaint. (23 of 2004 s. 55) (1A) If the Council decides not to constitute a Disciplinary Committee to deal with the complaint, the complainant who is aggrieved by the Council's decision may request the Council to constitute a Disciplinary Committee to deal with the complaint, whereupon the Council shall, unless it is of the opinion that no prima facie case has been shown for the complaint, or that the complaint is frivolous or vexatious, constitute a Disciplinary Committee to deal with the complaint. (23 of 2004 s. 55) (2) Where the Registrar has reason to believe that paragraph (1) applies to a registered student, he shall submit the facts to the Council which may, in its discretion, constitute a Disciplinary Committee to deal with the complaint. (23 of 2004 s. 55) (3) Every hearing of the Disciplinary Committee shall be held in public unless the Disciplinary Committee- (a) on its own motion; or (b) on the application of- (i) the complainant; or (ii) the registered student against whom the complaint is made,determines that in the interests of justice a hearing or any part thereof shall not be held in public in which case it may hold the hearing or the part thereof (as the case may be) in private. (23 of 2004 s. 55) Cap 50A bylaw 35 Powers of Disciplinary Committee (1) If, after due inquiry, a Disciplinary Committee is satisfied that a complaint under by-law 34 is proved the Disciplinary Committee may, in its discretion, make any one or more of the following orders against the registered student- (96 of 1994 s. 44; 23 of 2004 s. 55) (i) that he be declared unfit to remain a registered student, and that the Registrar remove his name from the register of registered students; (ii) that he be declared uneligible for such period (not exceeding 2 years) to sit for such examinations of the Institute as shall be specified in the order; (23 of 2004 s. 55) (iii) that he be reprimanded; (iv) that he be admonished,and may in an order under subparagraph (i) or (ii) provide for the order to take effect on or from such date as the Disciplinary Committee thinks fit and may in any case make such order as the Disciplinary Committee thinks fit with regard to the payment of costs and expenses of and incidental to the proceedings, whether of the Institute (including the fees and expenses of the Disciplinary Committee) or of any complainant or of the registered student, and any costs and expenses ordered to be paid may be recovered as a civil debt. (23 of 2004 s. 55) (1A) In addition, the Disciplinary Committee may in any case provide for an order to take effect only upon the happening or non-happening of such event within such period as may be specified by the Disciplinary Committee (23 of 2004 s. 55) (2) The Registrar shall cause a copy of an order made under this by-law to be served forthwith upon the registered student concerned and shall forward a copy to the Council (3) For the purposes of an inquiry under this by-law the Disciplinary Committee shall have the powers specified in section 36 of the Ordinance. Cap 50A bylaw 35A Payment of fees to members of Disciplinary Committee The Institute may pay fees at such rates as the Council may from time to time fix and such expenses as the Council may deem fit to any members of a Disciplinary Committee for the performance by them of their duties or for any work done by them, and such fees and expenses shall for the purpose of by-law 35(1) form part of the costs and expenses of the Institute of and incidental to the disciplinary proceedings. |
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