| (Cap 549, section 161(5)) [16 August 2000] L.N. 253 of 2000 (L.N. 155 of 2000) Cap 549D s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) Cap 549D s 2 Interpretation In this Regulation, unless the context otherwise requires- "Board" (中医组) means the Chinese Medicine Practitioners Board established by section 12(a) of the Ordinance; "Board chairman" (中医组主席) means the chairman of the Board mentioned in section 13(a) of the Ordinance; "Board secretary" (中医组秘书) means the secretary of the Board appointed under section 23(2) of the Ordinance; "Committee" (小组) means the Disciplinary Committee of Chinese Medicine Practitioners established under section 25(1)(a)(iii) of the Ordinance; "Committee chairman" (小组主席) means the chairman of the Committee mentioned in section 28(a) of the Ordinance; "Committee secretary" (小组秘书) means the secretary of the Committee; "complainant" (申诉人) means a person who makes a complaint mentioned in section 3, and where the context permits, includes an informant; "defendant" (被告人), in relation to a complaint or information, means a registered Chinese medicine practitioner in respect of whom a complaint or information has been made, and includes a person who has ceased to be a registered Chinese medicine practitioner after a complaint or information has been made in respect of him; "legal representative" (法律代表) means- (a) a solicitor or counsel who holds a current practising certificate or a legal officer within the meaning of the Legal Officers Ordinance (Cap 87) representing the Board secretary; or (b) a solicitor or counsel who holds a current practising certificate representing the defendant or complainant,at an inquiry under this Regulation. Cap 549D s 3 Receipt and submission of complaint or information PART II PROCEEDINGS PREPARATORY TO HOLDING OF A DISCIPLINARY INQUIRY BY THE BOARD If the Committee receives a complaint or information alleging or showing any conduct of a registered Chinese medicine practitioner into which the Board may inquire under the Ordinance, it shall deal with the complaint or information in accordance with the procedures laid down in this Regulation. Cap 549D s 4 Clarification and support for complaint or information (1) The Committee chairman may- (a) require the complainant to set out the specific allegations in writing and the grounds for the allegation; (b) require the complainant to make clarifications or furnish evidence about the complaint or information; (c) direct the Committee secretary to seek any legal advice or any necessary assistance or advice from any relevant authorities with regard to the evidence about the complaint or information; (d) require that any matter alleged in the complaint or information be supported by one or more statutory declarations, unless the complaint or information is in writing and made by a public officer in the discharge of his duties.(2) A statutory declaration referred to in subsection (1) must- (a) state the name, address and the Hong Kong Identity Card number or details of another document of identification of the declarant; and (b) state all the facts of the complaint or information to the best of the declarant's knowledge, or if any fact declared is not within his personal knowledge, state the source of the declarant's information and the grounds for his belief in the truth of those facts. Cap 549D s 5 Reference of case to Committee (1) Where the Committee chairman considers that- (a) all further clarifications, evidence and statutory declarations that are necessary to enable the Committee to consider the complaint or information have been furnished; or (b) it is impracticable to seek further clarifications, evidence or statutory declarations,he shall- (i) if it appears to him that the complaint or information may be disposed of by the Committee making a decision referred to in section 6(6)(a) by resolution upon circulation of papers under section 48 of the Ordinance, arrange for such circulation of papers; or (ii) if he thinks that it is not appropriate to arrange for circulation of papers in the particular case or that a resolution mentioned in paragraph (i) is unlikely to be made, he shall fix a date for the Committee to consider the complaint or information.(2) When the Committee chairman has fixed a date under subsection (1), he shall arrange to notify the defendant in writing- (a) of any matters or allegations which may constitute the subject-matter of an inquiry under section 98 of the Ordinance at least 1 month before the date fixed; and (b) of the date on which the Committee will meet to consider the complaint or information.(3) A notification under subsection (2) shall be accompanied by- (a) a copy of the complaint or information; (b) a copy of any statutory declaration furnished under section 4(1); and (c) an invitation to the defendant to submit to the Committee in writing any explanation of his conduct or of any matter alleged or shown in the complaint or information.(4) If the Committee chairman considers that in the particular circumstances of a case it is desirable that any personal particulars of any person contained in any documents mentioned in subsection (3)(a) or (b) should not be disclosed to the defendant, he may arrange for such necessary obliteration or other editorial modification of the copies of those documents to be supplied to the defendant so that those personal particulars are not disclosed. |
