DENTISTS REGISTRATION ORDINANCE

DENTISTS REGISTRATION ORDINANCE

LAWS OF HONG KONG

DENTISTS REGISTRATION ORDINANCE

CHAPTER 156





CHAPTER 156

DENTISTS REGISTRATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
1. Short title ........................................... 3
2. Interpretation ........................3
3, Dentists to be registered ............. 4
4. Establishment and composition of Dental Council 5
5. Meetings of the Council ...............6
6. Registrar of Dentists ................................. 6
7. Keeping of register ...................7
8. Persons who are qualified to be registered ..................................... 7
9. Application for registration .......... 8
10. Certificate of registration .......... 8
11. Privileges of registered dentists .... 9
1 1A. Person not to practise without practising certificate 9
1 1B. Recovery of practising fees ........ 10
12. Dental companies ....................11
13. Publication of register and evidence of registration 12
14. Exhibition of certificate of registration 12
15. Correction of register ................................................................................ 12
16. Inspection of premises used for the practice of dentistry 13
17. Premises unsuitable for the practice of dentistry 13
18. Disciplinary inquiries by the Council 13
19. Powers of Council with regard to obtaining evidence and the conduct of
proceedings ..............................15
20. Penalty for failure to give evidence .Is
21. Appearance of counsel, etc . .........is
22. Provisions relating to orders of the Council 15
23. Appeals ..............................16
24. Penalty for fraudulent registration ..16
25. Penalty for falsely pretending to be or taking or using the name or title of a
dentist ..................................17
26. Penalty for registered dentist falsely describing his vocation 17





Section Page

27. Covering ............................17
28. Forfeiture ..........................18
29. Regulations .........................18
30. Exemptions from sections 9, 10 and 14 19
31. Exemptions ..........................20





CHAPTER 156

DENTISTS REGISTRATION

Toamend the law relating to dentists by making more comprehensive provisions.

[1 October 19591 G.N.A. 60 of 1959

Originally 29 of 1959 24 of 1962, 10 of 1966, 12 of 1968, 49 of 1977, 79 of 1984, 68 of 1986,
62 of 1987, R. Ed. 1987,4 of 1988, L.N. 76 of 1989

1. Short title

This Ordinance may be cited as the Dentists Registration Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires-

'certificate of registration' means a certificate of registration or a duplicate
certificate of registration issued under section 10;

'Chairman' means the chairman of the Council established under section 4 and
includes any person elected to act as Chairman under section 4(5C); (Added 12
of 1968 s. 2. Amended 4 of 1988 s. 2)

'complainant' means any person from whom a complaint against, or information in
respect of a registered dentist or an applicant for registration has been received
by the Secretary in accordance with regulations made under section 29; (Added
12 of 1968 s. 2)

'Council' means the Dental Council of Hong Kong established under section 4;

'dangerous drugs' means any drug to which the Dangerous Drugs Ordinance (Cap.
134) applies;

'due inquiry' means an inquiry by the Council conducted substantially in
accordance with the procedure provided by regulations made under section
29(h); (Amended 12 of 1968 s. 2)

'Legal Adviser' means the person appointed to be Legal Adviser to the Council
under section 4; (Added 12 of 1968 s. 2)

'Medical Council' means the Medical Council of Hong Kong established under
section 3 of the Medical Registration Ordinance (Cap. 161);

'practising certificate' means a certificate issued under section 11 A; (Added 49 of
1977 s. 2)





'prescribed' means provided by regulations made under section 29;

'register' means the register of dentists kept in accordance with section 7;
'registered' means admitted to the register in accordance with section 9;

'registered address' means the address appearing upon the certificate of
registration issued under section 10;

'registered dentist' means a person whose name appears for the time being on

the register;
'Registrar' means the Registrar of Dentists as provided for under section 6;

'repealed Ordinance' means the Dentists Registration Ordinance 1940 (1 of

1940, see Cap. 156, 1950 Ed.);

'Secretary' means the Secretary of the Council appointed under section 4.

(Added 12 of 1968 s.
2)

(2) A person shall be deemed to practise dentistry within the meaning of this
Ordinance, who, for the sake of gain or otherwise, holds himself out, whether directly
or by implication, as practising or being prepared to practise dentistry, or treats or
attempts to treat or professes to treat, cure, relieve or prevent lesions or pain of the
human teeth or jaws; or performs or attempts to perform any operation thereon, or
inserts or attempts to insert any artificial teeth or appliances for the restoration,
regulation or improvement of the teeth or accessory structures.

3. Dentists to be registered

(1) Subject to the provisions of any regulations made under section 29(1), any
person, not being a registered dentist, who

(a) practises dentistry within Hong Kong commits an offence and is

liable-
(i)on summary conviction to a fine of $50,000 and to imprisonment
for 12 months; or

(ii)on conviction upon indictment to imprisonment for 3 years; or

(b) practises dentistry on a person within Hong Kong which results

in personal injury to that person commits an offence and is
liable-

(i) on summary conviction to a fine of $100,000 and to imprisonment
for 2 years; or

(ii)on conviction upon indictment to imprisonment for 5 years.
(Amended 12 of 1968 s. 3; 79 of 1984 s. 7;68 of
1986 s. 9)

(2) Nothing in this section shall operate to prevent the extraction of teeth for the
relief of pain, or the application of remedies for such purposes, by a medical
practitioner registered under the Medical Registration Ordinance (Cap. 161).





(3) For the purposes of this section a person who fraudulently procures himself
to be registered under this Ordinance shall be deemed not to have been so
registered. (Added 68 of 1986s.9)

4. Establishment and composition of Dental Council

(1) There shall be established within Hong Kong a council to be called the
Dental Council of Hong Kong. (Amended 79 of 1984 s. 2)

(2) The Council shall consist of

(a) the Registrar; (Replaced 4 of 1988 s. 3)

(b)a consultant dental surgeon of the Dental Service of the Department
of Health appointed by the Governor; (Replaced 4 of 1988 s. 3.
Amended L.N. 76 of 1989)

(ba) a registered dentist, who is a full-time member of the teaching staff of
the Faculty of Dentistry of the University of Hong Kong, nominated
by the University of Hong Kong and appointed by the Governor;
(Added 79 of 1984 s. 2)

(c)2 medical practitioners appointed by the Governor; (Amended 4 of
1988 s. 3)

(d)6 registered dentists qualified to be registered under section 8(1)(a),
(b), (ba) or (c) and appointed by the Governor- (Amended 62 of 1987
s. 2; 4 of 1988 s. 3)

(i) from a panel of not less than 12 such registered dentists
nominated by the Hong Kong Dental Association; or

(ii) in the event of the Hong Kong Dental Association failing to
nominate at least 12 such registered dentists, at the discretion of
the Governor; (Replaced 49 of 1977 s. 3. Amended 79 of 1984
s. 2; 4 of 1988 s. 3)

(e)one lay member who shall be appointed by the Governor. (Added 4 of
1988 s. 3)

(3) Members of the Council appointed under subsection (2)(c), (d) and (e)
shall hold office for a period of 3 years but shall be eligible for re-appointment from
time to time. (Amended 4 of 1988 s. 3)

(4) If the place of a member of the Council appointed under subsection (2)(c),
(d) or (e) becomes vacant before the expiration of his term of office. the vacancy
may be filled by appointment by the Governor, and any person so appointed shall
hold office so long only as the member in whose place he is appointed would have
held office. (Amended 4 of 1988 s. 3)

(5) The Chairman of the Council shall

(a) be elected by the members from amongst themselves;

(b)subject to subsection (5D), hold office for 3 years or until he ceases
to hold office as a member, whichever is the earlier; and

(c) be eligible for re-election. (Replaced 4 of 1988 s. 3)





(5A) If the office of Chairman becomes vacant due to effluxion of time, or as a
result of resignation or otherwise, the Secretary shall convene a meeting of the
Council within 3 months of the occurrence of such vacancy for the purpose of
electing a Chairman. (Added 4 of 1988 s. 3)

(5B) The Secretary shall preside at a meeting held under subsection (5A) until
the Chairman is elected and assumes office, but he shall not have an original or a
casting vote. (Added 4 of 1988 s. 3)

(5C) If the Chairman is unable to perform the functions of his office for any
period due to absence from Hong Kong or any other reason, the members of the
Council shall at a meeting of the Council elect one of themselves to act in his place
for the duration of that period and notwithstanding any provision in this Ordinance
the Secretary may, where necessary, convene a meeting for the purpose of such
election. (Added 4 of 1988s.3)

(5D) The Chairman may at any time resign his office by giving notice in writing
to the Secretary. (Added4 of 1988s.3)

(6) There shall be a Secretary of the Council and a Legal Adviser to the Council
who shall be appointed by the Governor.

5. Meetings of the Council

(1) The Council shall meet at such times and such places as the Chairman may
appoint, and the Council shall also meet at the request in writing of at least 4
members, addressed to the Chairman. (Amended 4 of 1988 s. 4)

(2) At any meeting of the Council 4 members, including not less than 1 member
appointed under section 4(2)(d), shall be a quorum.

(3) The validity of any proceedings of the Council shall not be affected by any
vacancy among the members thereof or by any defect in the appointment of a
member thereof.

(4) All questions coming or arising before a meeting of the Council shall be
decided by a majority of the members of the Council present and voting thereon.

(5) The Chairman at any meeting of the Council shall have an original vote and
also, if upon any question the votes shall be equally divided, a casting vote except
in an inquiry under section 9 or 18 at which he shall have only an original vote.
(Amended 4 of 1988 s. 4)

6. Registrar of Dentists

(1) For the purposes of this Ordinance, there shall be a Registrar of Dentists,
who shall perform such duties in connection with the register of dentists as may be
prescribed.

(2) The consultant dental surgeon in charge of the Dental Service of the
Department of Health shall be the Registrar. (Amended4 of 1988s. 5; L.N. 76 of
1989)





7. Keeping of register

(1) The Registrar shall cause a register of dentists to be kept in the form
prescribed and he shall be responsible for the maintenance and custody thereof.

(2) In respect of any person who is registered by virtue of section 8(1)(d), the
register shall indicate the paragraph of section 7* of the repealed Ordinance under
which such person was first registered.

8. Persons who are qualified to he registered

(1) Subject to the provisions of this Ordinance, the following persons and no
others shall be qualified to be registered under this Ordinance

(a) any person who holds a degree in dentistry of the University of

Hong Kong; (Replaced 79 of 1984 s. 3)

(b) any person who holds a degree, diploma or other document

which is-

(i) issued by an examining body in the United Kingdom or

Commonwealth or the Republic of Ireland; and
(ii) recognized by the General Dental Council of the United
Kingdom as qualifying the holder to be registered in the
Dentists Register of the United Kingdom; (Replaced 79 of
1984s.3)

(ba) any person who holds a degree, diploma or other document

which is-

(i) issued by any examining body; and (Amended 62 of 1987

s.3)
(ii) recognized by the Council as qualifying the holder to be
registered under this Ordinance; (Added 79 of 1984 s. 3)

(e) any person who shall by reason of his academic qualification,

professional experience and skill, satisfy the Council that he is a fit
person to be registered under this Ordinance:

Provided that every person applying for registration under this
paragraph shall furnish such evidence of good character as shall
satisfy the Council;

(d) any person who was at any time registered under the repealed

Ordinance.

(2) Notwithstanding anything contained in subsection (1), the Council may
require any applicant for registration to pass such examinations as it may determine.
(Added49 of 1977s. 4)

* As amended by 24 of 1950, Schedule, and 55 of 1955,
s. 4.





9. Application for registration

(1) Any person qualified to be registered may apply to the Registrar for
registration. Every such application shall be made in such manner and shall be
accompanied by such documents, photographs and particulars as may be
prescribed.

(2) Where such person has complied with the provisions of subsection (1) and
with any regulations relating thereto, and has paid the prescribed fee, he shall,
subject to the provisions of subsection (3), be admitted by the Council to the
register.

(3) If, after due inquiry, the Council is satisfied that any applicant for
registration

(a)has been convicted in Hong Kong or elsewhere of any offence
punishable with imprisonment; or

(b) has been guilty of unprofessional conduct; or

(c)is the subject of an existing order made under section 17(1)(i) or (ii)+
of the repealed Ordinance,

the Council may, in its discretion, order that the name of the applicant be not entered
upon the register.

(4) Such of the provisions of section 18 as are capable of application to an
inquiry held for the purposes of this section shall apply to such inquiry, and any
such provision may be construed with such modifications not affecting the
substance as may be necessary to render it conveniently applicable.

10. Certificate of registration

(1) When a person has been registered, the Council shall issue to him a
certificate of registration in such form as may be prescribed.

(2) A registered dentist who requires a certified copy of his certificate of
registration in order to comply with the provisions of section 14(1) shall apply in
writing to the Registrar enclosing one passport size photograph and stating the
address of the premises at which he proposes to practise, and the Registrar may
thereupon issue to the registered dentist a certified copy of his certificate of
registration.

(3) (a)The registered address appearing upon the certificate of registration
shall be the principal address at which the registered dentist carries
on his practice;

(b)every registered dentist shall report to the Registrar every address at
which he carries on the practice of dentistry for gain;

(c)every registered dentist shall report to the Registrar any change of
his registered address or the change of any other address at

+ As amended by 55 of 1955, s. 8.





which he carries on the practice of dentistry for gain within 2 months
of such change;

(d)upon a report of any change of a registered address being made to
the Registrar in accordance with paragraph (c) the Registrar shall
cause the registered address upon the certificate of registration or
upon any certified copy thereof or upon both such certificate of
registration and upon such certified copy thereof as the case may be
to be amended accordingly;

(e)any registered dentist who fails to make a report in accordance with
paragraph (b) or (c) commits an offence and is liable on summary
conviction to a fine of $500. (Amended 68 of 1986 s. 10)

(4) If a certificate of registration has been lost, destroyed or defaced, the
registered dentist may apply in writing to the Registrar to issue to him a duplicate
certificate of registration and the Registrar upon being satisfied as to such loss,
destruction or defacement, shall issue to the registered dentist a duplicate certificate
of registration in the same form as is prescribed for a certificate of registration,
marked on the face thereof with the word 'duplicate'.

(5) If it appears to the Registrar that a certificate of registration or a certified
copy of a certificate of registration is defaced or that the photograph thereon is not a
reasonable likeness of the registered dentist to whom the certificate of registration
relates the Registrar by notice in writing may require the registered dentist to lodge
his certificate of registration or certified copy, as the case may be, with the Registrar
and to apply for the issue of a duplicate certificate of registration or of another
certified copy, and any registered dentist who on being so required fails to do so
within 7 days of the service of such notice commits an offence and is liable on
summary conviction to a fine of $100. (Amended 68 of 1986 s. 10)

11. Privileges of registered dentists

(1) Subject to section 11 A(7), every registered dentist shall be entitled to
recover in due course of law reasonable charges for professional aid, advice and
visits and the value of any medicine or any dental or medical appliances rendered,
made or supplied by him to his patients. (Amended 49 of 1977s. 5)

(2) No person shall be entitled to recover in any court any such charges as are
referred to in subsection (1) unless at the date when such charges accrued he was a
registered dentist.

11A. Person not to practise without practising certificate

(1) Subject to this section, a person to whom this section applies shall not
practise as a dentist in Hong Kong, unless he is the holder of a practising

certificate which is then in force.(Amended62 of 1987s. 4)





(2) Subject to the payment of the prescribed fee for the issue of a practising
certificate, the Secretary, on application made to him for that purpose by a person to
whom this section applies, shall issue to him a certificate to the effect that he is,
subject to any conditions and restrictions specified in the certificate,-

(a) entitled to practise dentistry in Hong Kong; or

(b)in the case of a person deemed to be a registered dentist under section
30(3)(a), entitled to practise dentistry for the purpose of teaching or
performing hospital work in the Faculty of Dentistry of the University
of HongKong. (Amended62of 1987s. 4)

(3) Where a practising certificate is issued pursuant to an application made
during the course of a year in respect of that year, the certificate shall, subject to
subsection (5), be in force from the time of its issue until the end of that year.

(4) Where a practising certificate is issued pursuant to an application made
during the course of a year in respect of the following year, the certificate shall,
subject to subsection (5), be in force for a period of 12 months commencing on 1
January in that following year.

(5) If at any time during the currency of a practising certificate issued under this
section, the holder of the certificate ceases to be registered, the certificate shall
thereupon be deemed to be cancelled.

(6) Any person who is required under this section to be the holder of a
practising certificate under this section shall be deemed to have obtained the
certificate when he has duly applied to the Secretary and paid the prescribed fee for
the issue of the practising certificate.

(7) Notwithstanding section 11(1) a person who is required under this section
to be the holder of a practising certificate shall not be entitled to recover any fees,
costs or other remuneration on any cause of action unless he was, at the time when
the cause of action arose, the holder of a valid practising certificate.

(8) This section applies to

(a) any person whose name appears on the register; and

(b)any person deemed to be a registered dentist by virtue of section
30(3)(a). (Replaced 62 of 1987s. 4)

(Added49 of 1977s. 6)

IIB. Recovery of practising fees

(1) If any person to whom section 1 1A applies contravenes subsection (1) of
that section, the amount of the prescribed fee payable by him under subsection (2)
of that section shall be recoverable as a civil debt.

(2) In any proceedings under this section a certificate purporting to be under
the hand of the Secretary to the effect that the person 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.

(3) On recovery of a prescribed fee under this section the Secretary shall, if the
name of the person concerned appears on the register or if he is deemed to be a
registered dentist under section 30(3)(a), issue to him an appropriate practising
certificate. (Replaced 62 of 1987 s. 5)

(Added49 of 1977s. 6. Amended62of 1987s. 5)

12. Dental companies

(1) A body corporate may carry on the business of dentistry if-

(a)it carries on no business other than dentistry or some business
ancillary to the business of dentistry; and

(b)a majority of the directors and all persons practising dentistry are
registered dentists:

Provided that a body corporate which was carrying on the business of dentistry
before the date of commencement of this Ordinance shall not be disqualified from
carrying on the business of dentistry under this section by reason only that it carries
on some business other than dentistry or a business ancillary to that business, if
that other business is a business which the body was lawfully entitled at the date of
coming into operation of this Ordinance to carry on.

(2) Save as aforesaid it shall not be lawful for any body corporate to carry on
the business of dentistry, and any body corporate which carries on the business of
dentistry in contravention of the provisions of this section and every director and
manager thereof, subject to subsection (M), commits an offence and is liable on
summary conviction to a fine of $2,000 for each offence. (Amended 68 of 1986 s. 11)

(M) Where a person is charged with an offence under subsection (2) by reason
of being a director or manager, it shall be a defence for him to prove that the offence
alleged to be committed by the body corporate was committed without his
knowledge. (Added68of1986s.11)

(3) Every body corporate carrying on the business of dentistry shall within 7
days of 1 January in every year transmit to the Registrar a statement in the
prescribed form containing the names and addresses of all persons who are directors
or managers of the company, or who perform dental operations in connection with
the business of the company, and, if any such body corporate fails so to do, it shall
be deemed to be carrying on the business of dentistry in contravention of the
provisions of this section.

(4) Nothing in this section shall prevent the carrying on of the business of
dentistry by the operating staff of any hospital of any description (including an
institution for out-patients only), or of any dental school, which is approved for the
purposes of this section by the Governor in Council.





13. Publication of register and evidence of registration

(1) As soon as may be after 1 January of every year, the Registrar shall
prepare and publish in the Gazette a list of the names, registered addresses,
qualifications and dates of the qualifications of all persons whose names appear
on the register on 1 January immediately preceding the publication of the list in
the Gazette.
(2) As soon as may be after 1 July of every year, the Registrar shall
prepare and publish in the Gazette a list of the names, registered addresses,
qualifications and dates of the qualifications of all persons whose names were
added to the register between 1 January and 1 July of such year.
(3) The publication of a list referred to in subsection (1) or (2) shall be
prima facie evidence that each person named in such list is registered.
(4) The absence of the name of any person from the list last published
under subsection (1) and from any list subsequently published under subsec-
tion (2) shall be prima facie evidence that such person is not registered.
(5) A certificate under the hand of the Registrar that the name of a person
has been entered on or removed from the register shall be conclusive evidence
that a person is or is not registered as the case may be.

14. Exhibition of certificate of registration

(1) Every registered dentist shall cause to be exhibited in a conspicuous
place in any premises in which he practises dentistry for gain the certificate of
registration issued to him under subsection (1) of section 10 or a certified copy
of such certificate issued under subsection (2) of that section and any registered
dentist who fails to comply with the provisions of this section commits an
offence and is liable on summary conviction to a fine of 51,000 and, in the case
of a continued non-compliance, to a fine of $50 for every day during which such
non-compliance continues.
(2) Any person who displays or causes or permits to be displayed in any
premises a certificate of registration or a certified copy of a certificate of
registration bearing his name or photograph at any time when his name does
not appear on the register commits an offence and is liable on summary
conviction to a fine of $1,000.
(Amended 68 of 1986 s. 12)

15. Correction of register

(1) The Registrar shall from time to time insert in the register any
alteration or addition which may come to his knowledge in the name, addresses
or qualifications of any person registered.
(2) The Registrar shall make such amendments to the register as are made
necessary by any decision of the Council.





(3) The Council may order the removal from the register of the name of any
person who

(a) is deceased; or

(b)is not practising dentistry in Hong Kong; or (Amended 79 of
1984s.7)

(ba) being a person required to be the holder of a practising certificate,
has practised dentistry in Hong Kong for a period exceeding 6
months without having obtained such a certificate; or (Added49 of
19 77 s. 7)

(c)has not supplied to the Registrar an address in Hong Kong at which
all notices from the Council may be served on him: (Amended 79 of
1984 s. 7)

Provided that any person failing to acknowledge within 12
months of the date of dispatch the receipt of a registered letter or
telegram addressed to him at the last address supplied by him to the
Registrar shall be deemed not to have supplied the Registrar with an
address under this paragraph.

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 of the Secretary authorizing such entry and inspection. (Amended4 of
1988s. 6)

(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 afine
of $500. (Amended 68 of 1986 s.13)

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.

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) postpone judgment on the case for a period, or periods in the
aggregate, not exceeding 2 years,
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)
(2) For the purposes of subsection (1), 'unprofessional conduct' 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 cause the order, or the order as so varied, as the case may be, to
be published in the Gazette and may cause an account of the proceedings at the
inquiry at which such order was made to be so published. There shall also be
published in the Gazette together with such order sufficient particulars to
acquaint the general public of the nature of the offence to which the order
relates.





19. Powers of Council with regard to obtaining
evidence and the conduct of proceedings

(1) For the purposes of an inquiry under section 9 or 18, the Council shall
have the following powers-
(a) to hear, receive and examine evidence on oath;
(b)to summon any person to attend the inquiry to give evidence
or produce any document or other thing in his possession and to
examine him as a witness or require him to produce any
document or other thing in his possession, subject to all just
exceptions;
(c)to admit or exclude the public or any member of the public from
the inquiry;
(d) to admit or exclude the press from the inquiry;
(e)to award any person summoned to attend the inquiry such
sum or sums as in the opinion of the Council may have been
reasonably expended by him by reason of his attendance.
(2) Summonses to witnesses may be in the prescribed form and shall be
signed by the Chairman.

20. Penalty for failure to give evidence

Any person who being summoned to attend as a witness or produce a
book, document or any other thing at any inquiry under section 9 or 18 refuses
or neglects to do so or to answer any question put to him by or with the
concurrence of the Council commits an offence and is liable on summary
conviction to a fine of $1,000 and to imprisonment for 6 months: (Amended
68 of 1986 s. 14)
Provided that no person shall be bound to incriminate himself and every
witness shall, in respect of any evidence given by him before the Council, be
entitled to the same privileges to which he would be entitled if giving evidence
before a court of justice.

21. Appearance of counsel, etc.

The complainant in any inquiry under section 9 or 18 and the person
whose conduct is the subject of such inquiry shall be entitled to be represented
by counsel or a solicitor throughout the inquiry.

22. Provisions relating to orders of the Council

(1) The Registrar shall cause a copy of any order made under section 9(3)
or 18(1) to be served forthwith upon the person concerned, either personally or
by registered post addressed to his registered address.





(2) The Registrar shall not remove the name of a registered dentist from the
register before the expiry of 1 month after the date of service of an order of the
Council made under section 18(1) on the person concerned and in the case of an
appeal shall await the decision of the Court of Appeal.

(3) Any person whose name has been removed from the register under the
provisions of this Ordinance, or whose name prior to the commencement of this
Ordinance had been removed or erased under the provisions of the repealed
Ordinance from the register kept in accordance with the provisions of that Ordinance
may apply to the Council for the restoration of his name to the register, and the
Council, in its absolute discretion and after such inquiry and subject to such
conditions as it may consider desirable, may either allow or refuse the application,
and, if it allows the same, shall order the Registrar to restore the name of the
applicant to the register, and thereupon the Registrar shall restore the name
accordingly.

(4) Any order made by the Council as aforesaid shall be signed by the
Registrar.

23. Appeals

(1) Any person whose name has been ordered not to be entered upon the
register under section 9(3) or any registered dentist who is aggrieved by any order
made in respect of him under section 15 or 18 may appeal to the Court of Appeal and
the Court of Appeal may thereupon affirm, reverse or vary the order appealed
against.

(2) The decision of the Court of Appeal upon such appeal shall be final.

(3) The practice in relation to any such appeal shall be subject to any rules of
court made under the Supreme Court Ordinance (Cap. 4):

Provided that the Court of Appeal shall not have power to hear any appeal
against an order made under section 9 or 18 unless notice of such appeal was given
within 1 month of the service of the order in accordance with section 22(1).

(4) In deciding any appeal under this section the Court of Appeal may make
such order for costs as it considers reasonable. (Added49 of 1977 s.9)

24. Penalty for fraudulent registration

Any person who fraudulently procures or attempts to procure himself or any
other person to be registered under this Ordinance commits an offence and is liable
on conviction upon indictment to imprisonment for 3 years.

(Amended 68 of 1986 s. 15)





25.Penalty for falsely pretending to he or taking
or using the name or title of a dentist

Any person who is neither a registered dentist nor deemed to be one under this
Ordinance and who wilfully or falsely pretends to be or takes or uses the name or
title of a dentist, dental surgeon, qualified dentist, doctor of dental surgery,
professor of dentistry, surgeon dentist, or any name, title, addition or description
implying, whether in itself or in the circumstances in which it is used, that such
person is a dentist or that such person is qualified to heal or treat dental disorders or
derangements, whether by dentistry or any other means of any kind or description
whatsoever, commits an offence and is liable on summary conviction to a fine of $
10,000 and to imprisonment for 6 months.

(Amended 68 of 1986 s. 16; 62 of 1987 s. 6)

26. Penalty for registered dentist falsely
describing his vocation

A registered dentist not qualified to be registered under section 8(1)(a), (b),
(ba) or (c) shall not make use, in describing his vocation, of any name, title, addition,
description or term other than that of 'registered dentist or the
abbreviated form 'dentist' . Any such registered dentist who wilfully or falsely
pretends to be or takes or uses the name or title of a dental surgeon, surgeon dentist,
qualified dentist, doctor of dental surgery, professor of dentistry or any name, title or
description implying in itself or in the circumstances in which it is used that such
registered dentist possesses or holds any qualification to practise other than that he
is registered as a dentist commits an offence and is liable on summary conviction to a
fine of $1,000 and to imprisonment for 6 months: (Amended 49 of 1977s. 10; 68 of
1986s. 17)

Provided that, notwithstanding the foregoing provisions of this section, the
Council may, by writing under the hand of the Secretary, authorize a registered
dentist not qualified to be registered under section 8(1)(a), (b), (ba) or (c) to use
such title or titles associated with his academic qualifications as the Council may
think fit.

(Amended 79 of 1984 s. 4; 62 of 1987 s. 7)

27. Covering

Any registered dentist who practises dentistry in premises in which an
unregistered person practises dentistry commits an offence and is liable on summary
conviction to a fine of $1,000 and to imprisonment for 6 months.

(Amended 68 of 1986 s. 18)





28. Forfeiture

(1) Where a person has been convicted of an offence against section 3(1),
a magistrate may, on application made on behalf of the Crown, order that all
dental materials and equipment in the possession or under the control of such
person shall be forfeited to the Crown.
(2) Upon the making of an order for forfeiture under this section, the
materials and equipment to which such order relates shall be deemed to be the
property of the Crown free from the rights of any person.

29. Regulations

(1) The Governor in Council may by regulation provide for-
(a) the procedure to be adopted at meetings of the Council;
(b) the duties of the Registrar;
(e) the form of the register and the mode in which it shall be kept;
(d)any fee required to be paid under this Ordinance; (Replaced 49
of 1977s. 11)
(da) the disposal of any fee paid or recovered under this Ordinance;
(Added49 of 1977 s. 11)
(e) the manner in which applications for registration shall be made;
(f)the receipt of complaints or information about any registered
dentist or any applicant for registration and the establishment
of a committee to be known as the Preliminary Investigation
Committee to make a preliminary investigation into any such
complaint or information and to determine whether or not there
shall be an inquiry under section 18; (Replaced 12 of 1968 s. 5)
(g)the prohibition of a member of the Preliminary Investigation
Committee who is also a member of the Council from attending
any meeting of the Council whilst it is inquiring under section 18
into a complaint or information, in the preliminary investigation
of which he took part; (Replaced 12 of 1968 s. 5)
(h) the procedure to be followed in relation to-
(i) the submission of complaints and information to the
Preliminary Investigation Committee;
(ii) the preliminary investigation of any complaint or
information by the Preliminary Investigation Committee;
(iii)the formulation of charges arising out of complaints and
information;
(iv)the reference to the Council by the Preliminary Investiga-
tion Committee of cases arising out of complaints or
information;
(v)inquiries held by the Council under this Ordinance;
(Replaced 12 of 1968 s. 5)





(i)any certificate, form or other document required for carrying out the
purposes of this Ordinance; (Replaced 12 of 1968 s. 5)

the duties of the Legal Adviser to the Council; (Replaced 12 of
1968s.5)

(k) the duties of the Secretary of the Council; (Added 12 of 1968 s. 5)

(1)the establishment of classes of ancillary dental workers to undertake
dental work of kinds prescribed by the regulations, being dental work
amounting to the practice of dentistry, within the meaning of section
2(2), and in particular--

(i) the qualifications for becoming a member of any such class;

(ii) the dental work which a member of any such class may undertake
and the conditions, if any, under which he may do so; (iii) the
establishment of a roll or record of such classes; and (iv) the title
to be used by a member of any such class indicating his
membership thereof; and (Added 12 of 1968 s. 5)

(m)generally, the carrying into effect of the provisions of this Ordinance.
(Added 12 of 1968 s. 5)

(2) Any regulations made under subsection (1)(d) may prescribe different fees
to be payable by different categories of dentists. (Added49 of 1977s.]])

30. Exemptions from sections 9, 10 and 14

(1) All dentists in the public service of Hong Kong who possess any of the
qualifications mentioned in section 8(1)(a), (b), (ba) or (e) shall, while in the
discharge of their duties or while practising dentistry otherwise than for gain in a
charitable clinic approved by the Council, be exempt from the payment of fees under
section 9(2), and from sections 10(3) and (5) and 14.

(2) All dentists of Her Majesty's navy, army or air force residing in Hong Kong
who possess any of the qualifications mentioned in section 8(1)(a), (b), (ba) or (c)
shall, while in the discharge of their duties or while practising dentistry otherwise
than for gain in a charitable clinic approved by the Council, be deemed to be
registered dentists for the purpose of section 3, and sections 9, 10 and 14 shall not
apply to such dentists unless they practise dentistry privately in Hong Kong.

(3) All persons on the full-time teaching staff of the Faculty of Dentistry of the
University of Hong Kong

(a)shall, while in the discharge of their teaching duties or while
performing hospital work in the Faculty of Dentistry, be deemed to be
registered dentists for the purpose of section 3; and

(b)shall be exempt from the payment of fees under section 9(2), and from
sections 10(3) and (5) and 14, unless they practise dentistry privately
within HongKong. (Added62of 1987s. 8)

(Amended 24 of 1962 s. 4; 79 of 1984 s. 5; 62 of 1987 s. 8)





31. Exemptions

(1) Nothing in this Ordinance shall operate to prevent the practice of medicine
or surgery by a medical practitioner registered under the Medical Registration
Ordinance(Cap. 161).

(2) Nothing in this Ordinance shall operate to prevent the training of medical
students, dental students, dental therapists or dental hygienists in the practice of
dentistry under the supervision of a registered dentist or a person deemed to be a
registered dentist during a course of training operated by an institution approved by
the Governor for the purpose of this section. (Replaced 79 of 1984s. 6. Amended62
of 1987s. 9)

(3) Nothing in this Ordinance shall operate to prevent the performance by
dental therapists employed in the public service of minor dental work of such a
character as may be authorized in writing by a government consultant dental
surgeon appointed by the Director of Health for that purpose. (Amended 10 of 1966
s. 3; 79 of 1984 s. 6; L.N. 76 of 1989)

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