PHARMACISTS (DISCIPLINARY PROCEDURE) REGULATIONS

PHARMACISTS (DISCIPLINARY PROCEDURE) REGULATIONS

PHARMACISTS (DISCIPLINARY PROCEDURE)
REGULATIONS

(Cap. 138, section 29)

[210th October. 1972.1

1. These regulations may be cited as the Pharmacists
(Disciplinary Procedure) Regulations.

2. In these regulations, unless the context otherwise requires-

'inquiry' means an inquiry held under section 16 of the Ordinance.

,.chairman' means the chairman of a Disciplinary Committee.

3. A party to all inquiry rnay be represented by a solicitor
or by a solicitor and counsel.

1 4. (1) A shorthand writer may be appointed by a Disciplinary
Committee to prepare a verbatini record of an inquiry.

(2) If a verbatim record of an inquiry, or ally part thereof.
has been prepared, the chairman, oil application to him by any
party and on payment to him of a fee of seventy-five cc-tits for
each folio of seventy-two words or part thereof, shall furnish SLICII
party with a copy of such record.

5. (1) At the opening of an inquiry the Secretary shal) read
the notice of inquiry.

(2) If the defendant is neither present nor represented by a
solicitor or counsel at the opening of the inquiry, the Secretary
shall furnish to the Disciplinary Committee such evidence as the
Disciplinary Committee may require that the notice of inquiry was
served on the defendant and the Disciplinary Committee, if satisfied
as to such service, may proceed with the inquiry in the absence
of the defendant.

(3) If the defendant is present at the inquiry the chairman.
immediately after the charge has been read, shall inform him of
his right to cross-examine witnesses, to give evidence and to call
witnesses on his behalf.

6. (1) Subject to regulation 5, the procedure specified in
this regulation shall be observed.

(2) The complainant, or his solicitor or counsel, or, ill their
absence or if there is no complainant, the Secretary, may open the
case against the defendant and call evidence in support thereof.

(3) When the case against the defendant is closed, the
defendant, or his solicitor or counsel, may submit that insufficient





evidence has been adduced upon which the Disciplinary Com-
mittee can find that the char-gle has been proved.

(4) If a submission is made under paragraph (3)-

(a)a reply thereto may be made by the complainant, or by
his solicitor or counsel, or in their absence by the Secretary,
and the defendant way answer such reply; and

(b)the Disciplinary Committee shall uphold or reject the
submission.

(5) If the Disciplinary Committee upholds a submission made
under paragraph (3) in respect of any charge, the finding shall be
recorded that the defendant is not guilty on that char,-,c, and -1f
the Disciplinary Con-imittee rejects the submission, the chairman
shall call upon the defendant to make his defence.

(6) The defendant, or his solicitor or counsel, may open his
case, call evidence and address the Disciplinary Committee:

Provided that only one address may be made by the defendant,
or his counsel or solicitor, which may be made either before or
after evidence has been called bv him.

(7) At the conclusion ol' the defendant's case, the complainant,
or his solicitor or counsel, or in their absence the Secretary, may
address the Discipli-bary Committee in reply, if evidence has been
called by the defendant other than his own evidence.

(8) A legal officer, within the meaning of the Legal Officers
Ordinance, may carry out the duties of the Secretary in an inquiry,
in the absence of the complainant and his solicitor or counsel.

7. (1) At the conclusion of the proceedings under regula-
tion 6, the Disciplinary Committee may reach and announce its
decision., or postpone its decision to such future date as it may
think fit.

(2) The decision of the Disciplinary Committee shall be
announced by the chairman in such tern-is as the Disciplinary
Committee rnay approve.

8. (1) If the decision of the Disciplinary Committee is post-
poned under regulation 7 the Secretary shall, not less than one
week before the date fixed for the announcement, serve on the
defendant and any complainant a notice specifying the date. time
and place at which the decision mill be announced, inviting him
to appear at such meeting.





(2) If there is a complainant, a copy of the notice shall be
sent to him.

9. If a Disciplinary Committee finds a defendant guilty of
a char-e, the chairman shall pass sentence on the defendant in
such terms as the Disciplinary Committee may approve.

10. (1) Before passing sentence, the chairman shall ask the
defendant whether he wishes to address the Disciplinary Com-
mittee, and the defendant, or his solicitor or counsel, may address
the Disciplinary Committee in mitigation and call evidence as to
the character and antecedents of the defendant.

(2) Before sentence is passed-

(a)the person presenting the case to the Disciplinary Com-
mittee may produce to the Disciplinary Committee the
record of any direction made against the defendant pur-
suant to section 16 of the Ordinance, and

(b)the defendant, or his ~.olicitor or counsel, rnay address
the Disciplinary Committee in mitigation.

11. (1) The rules of evidence shall not apply to an inquiry.

(2) A witness may be examined by the party producing him,
cross-examined by the other party and re-examined upon matters
arising out of such cross-examination.

(3) A Disciplinary Committee may decline to adi-nit a written
statement unless the maker thereof is available and willing to give
evidence.

(4) The chairman and any member of the Disciplinary Com-
mittee may put such questions to a party of witness as he may
think desirable.

12. A witness summons under section 16A of the Ordinance
shall be in accordance with the Form in the Schedule.

13. The legal adviser to a Disciplinary Committee shall be
present at an inquiry held by the Disciplinary Committee.

14. A Disciplinary Committee may adopt such procedure as
it may think fit in relation to any matter not provided for by the
Ordinance or these regulations.





SCHEDULE [reg. 12.1
PHARMACY AND POISONS ORDINANCE
(Chapter 138)

PHARMACISTS (DISCIPLINARY PROCEDURE) REGULATIONS

SUMMONS TO WITNESS


In the matter of an inquiry under section 16 of the Pharmacy and Poisons

Ordinance:

And in the matter of (1)

TO (2) .........................................

You are hereby summoned to appear before the Disciplinary Committee

of the Pharmacy and Poisons Board at

....................................1-1 upon the day

of ........at ......o'clock in the .- noon

to give evidence touching the matter under inquiry (3) and also to bring

with you and produce (4) .....................................................................

.................

Given under my hand this day of


...................................................
irman of the Disciplinary Committee.

Note: (1) Insert name of pharmacist or other person concerned.

(2) Insert name and address of witness.

(3) Delete if not required.

(4) Specify the books, documents or other things to be produced.
L.N. 214/72. Citation. Interpretation. Representation. Record of proceedings. Opening of inquiry. Order of procedure. (Cap. 87.) Postponement of judgment. Notice of determination of judgment. Passing sentence. Address in mitigation. Evidence. Summons. Schedule. Inquiry by the Disciplinary Committee. Other procedure matters.

L.N. 214/72. Citation. Interpretation. Representation. Record of proceedings. Opening of inquiry. Order of procedure. (Cap. 87.) Postponement of judgment. Notice of determination of judgment. Passing sentence. Address in mitigation. Evidence. Summons. Schedule. Inquiry by the Disciplinary Committee. Other procedure matters.

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