DENTISTS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS

DENTISTS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS

DENTISTS (REGISTRATION AND DISCIPLINARY
PROCEDURE) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation .................................Page

PART 1

CITATION AND
INTERPRETATION

1. Citation............................ ... ... ... ... .. . ... ... ... A 3

2. Interpretation.............. ... ... ... ... ... ... ... ... ... ... A 3

PART II

REGISTER AND CERTIFICATES

3. Form of register............. ... ... ... ... - . ... ... ... ... A 3

4.......Fees ............................ ... ... ... ... ... ... ... ... A 3

5..................Application for registration ... ... ... ... ... ... ... ... ... A 3

6...........Examination .................... ... ... ... ... ... ... ... ... A4

7................Certificate of registration ... ... ... ... ... ... ... ... ... ... A4

8..............Practising certificate ...... ... ... ... ... ... ... ... ... ... ... A 4
8A..............Certificate of standing .. ... ... ... ... ... ... ... ... ... ... A 4

8B....................Copies of entries and certificates ... ... ... ... ... ... ... ... A 4

9................Alteration of register .... ... ... ... ... ... ... ... ... ... A 4
10................Qualifications ......... ... ... ... ... ... ... ... ... A 5

11...................Statement by body corporate ... ... ... ... ... ... ... ... ... A 5

PART III

PROCEEDINGS PREPARATORY To HEARING BY THE
COUNCIL

12.......................Preliminary Investigation Committee ... ... ... ... ... ... ... A 5

13..............................Submission or receipt of complaint or information ... ... ... ... A 7

14............................Complaint or information touching conduct ... ... ... ... ... A 7

15.................................Reference of complaint or information to the Committee ... ... ... A 8
15A................................Consideration of complaint or information by the Committee ... ... A 8

16..............................Determination of Committee that no inquiry be held ... ... ... ... A 8
17..............................Determination of Committee that inquiry be held ... ... ... ... A 9

18................Adjournment of inquiry .... ... ... ... ... ... ... ... ... ... A 9
19................Reference back to Committee ... ... ... ... ... ... ... ... ... A 9

20.......................Documents to be furnished to Council ... ... ... ... ... ... ... A 9
21.......................Documents to be available to each party ... ... ... ... ... ... A 10

22..............Notice to produce ........ ... ... ... ... ... ... ... ... ... A 10
23..............Amendment of notice............. ... ... ... ... ... ... ... ... A10











Regulation Page
PART IV
PROCEEDINGS AT HEARING OF THE COUNCIL

24. Record of proceedings ... ... ... ... ... ... ... ... ... ... ... A10
25. Opening of inquiry ... ... ... ... ... ... ... ... ... ... ... ... A10
26. Objections on point of law ... ... ... ... ... ... ... ... ... ... All
27. Order of procedure ... ... ... ... ... ... ... ... ... ... ... ... All
28. Postponement of judgment ... ... ... ... ... ... ... ... ... ... A 12
29. Notice of determination of judgment ... ... ... ... ... ... ... ... A 12
30. Postponement of sentence ... ... ... ... ... ... ... ... ... ... A 13
31. Address in mitigation .. . ... ... ... ... ... ... ... ... ... ... A 13
32. Notice of postponement of sentence ... ... ... ... ... ... ... ... A 13
33. Evidence ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 13
34. Voting ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 14

PART V
DUTIES OF LEGAL ADVISER

35................Inquiry by the Council .... ... ... ... ... ... ... ... ... ... A 14
36................Ordinary meetings of Council ... ... ... ... ... ... ... ... ... A 14
37................Advice by Legal Adviser ... ... ... ... ... ... ... ... ... ... A 14

First Schedule. Forms ......................... ... ... ... ... ... ... ... A15
Second Schedule. Fees.......................... ... ... ... ... ... ... ... A 20





DENTISTS (REGISTRATION AND DISCIPLINARY
PROCEDURE) REGULATIONS

(Cap. 156, section 29)

[1st October, 1959.]

PART I

CITATION AND INTERPRETATION

1. These regulations may be cited as the Dentists (Registration

and Disciplinary Procedure) Regulations.

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

'Committee' means the Preliminary Investigation Committee constituted
under regulation 12;

'defendant' means any registered dentist or applicant for registration
against or in respect of whom a complaint or information has been
received by the Secretary in accordance with regulation 13;

'notice of inquiry- means a notice served in accordance with regulation
17.

PART II

REGISTER AND CERTIFICATES

3. The register shall be-

(a)in accordance with Form 1 in the First Schedule, in the case of
a dentist resident in Hong Kong; and

(b)in accordance with Form 1A in the First Schedule, in the case
of a dentist resident outside Hong Kong,

or as near thereto as shall be convenient.

4. (1) Subject to paragraph (2), the fees payable under the

Ordinance and these regulations shall be the fees prescribed in the
Second Schedule.

(2) Notwithstanding paragraph (1), no fee shall be payable for

an alteration to the register consequent upon a change in marital status.

5. (1) An application for registration shall be-

(a) if the applicant is resident in Hong Kong-

(i) in accordance with Form 2 in the First Schedule; and

(ii) completed in the presence of a barrister-at-law,
commissioner for oaths, justice of the peace, minister of
religion, registered dentist or solicitor; or





(b) if the applicant is resident outside Hong Kong-
(i) in accordance with Form 2A in the First Schedule;
and
(ii) completed in the presence of a commissioner for
oaths or notary public.

(2) An application under paragraph (1) shall be delivered to the
Registrar, together with 4 copies of a photograph of the applicant of
a size not greater than 50 x 70 mm and not less than 1 1/2
inches by 40 x 60 mm.

6. (1) The Registrar shall refer every application to the
Council and the Council may require an applicant to undergo such
oral, practical or written examination as it may determine under
section 8(2) of the Ordinance.

(2) An applicant required to undergo an oral, practical or
written examination shall pay the entrance fee prescribed in the
Second Schedule.

(3) Where an applicant has passed any examination required
of him under paragraph (2), the Council shall so inform the Registrar
and the applicant's application for registration shall then be dealt
with under section 9 of the Ordinance.

7. A certificate of registration shall be in accordance with
Form 3 in the First Schedule.

8. A practising certificate shall be in such form as may be
determined by the Registrar.

8A. A certificate of standing shall be in such form as may be
determined by the Council.

8B. On application and on payment of the appropriate fee
prescribed in the Second Schedule-
(a) the Registrar shall issue-
(i) a certified copy of any entry in the register;
(ii) a duplicate certificate of registration;
(iii) a certified copy of a certificate of registration; and
(b) the Secretary may issue-
(i) a certificate of standing;
(ii) a certificate verifying registration.

9. When the Registrar makes any alteration to the register
under section 15(1) of the Ordinance, he shall retain on the register
until otherwise directed by the Council the entry before such altera-
tion was made, in addition to the entry as altered.





10. (1) A registered dentist may apply to the Registrar to have
inserted in the register any degree or qualification recognized by the
Council, in addition to any degree or qualification already entered on
the register.

(2) On receipt of such application, the Registrar shall refer the
application to the Council which, after such inquiry as it may consider
desirable, shall direct the Registrar either to enter or to refuse to enter
such degree or qualification on the register.

11. The statement required to be transmitted by a body corporate
carrying on the business of dentistry to the Registrar in accordance
with section 12(3) of the Ordinance shall be in accordance with Form 5
in the First Schedule.

PART III

PROCEEDINGS PREPARATORY To HEARING BY THE
COUNCIL

12. (1) For the purposes of performing the functions conferred
upon it by these regulations, there shall be established a committee
known as the Preliminary Investigation Committee consisting of

(a)1 member of the Council elected by the Council, who shall be
the chairman of the Committee;

(b) 2 dental sugeons qualified to be registered under section
8(1)(a) or (b) of the Ordinance, ordinarily resident in the
Colony, who are not members of the Council and who
shall be appointed by the Director.

(i) from a panel of not less than 12 such dental
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 Director.

(2) Save as provided in paragraphs (3), (4) and (5) the members of
the Committee shall hold office for 12 months but at the end of such
period they may be re-elected or re-appointed, as the case may be.

(3) If during the period of his office a member of the Com-
mittee appointed under paragraph (1)(b) becomes a member of the
Council he shall cease to be a member of the Committee.

(4)(a) Where for any reason a person elected or appointed to the
Committee under paragraph (1) is or will be unable temporarily
to exercise his functions as such member, another person may
be elected by the Council or, as the case





may be, appointed by the Director, to be temporarily a
member of the Committee.

(b)If the person so unable temporarily to exercise his function as
a member of the Committee was elected to the Committee
under paragraph (1)(a) the person elected to be temporarily a
member of the Committee shall be another member of the
Council, who shall, during the period of his membership of the
Committee, be chairman of the Committee.

(c) If the person so unable temporarily to exercise his func-
tions as a member of the Committee was appointed to the
Committee under paragraph (1)(b) the person appointed
to be temporarily a member of the Committee shall be a
registered dentist qualified to be registered under section
8(1) (b) of the Ordinance ordinarily resident in the
Colony, who Is not a member of the Council, nominated by
the Hong Kong Dental Association.

(5) If-

(a)at the time the membership of any person elected or appointed
to be a member of the Committee under paragraph (1)
terminates by virtue of paragraph (2) or paragraph (3), or

(b)at the time the membership or any person elected or appointed
to be temporarily a member of the Committee under paragraph
(4) terminates,

the Committee is considering any complaint or information under these
regulations, then if such person is not thereupon elected or re-elected
or, as the case may be, appointed or re-appointed, to be member of the
Committee, the membership of such person shall continue by virtue of
this paragraph for the purposes of the consideration of such complaint
or information by the Committee, but for no other purpose, until the
Committee has discharged its functions in respect of such complaint or
information.

(6) A person elected or appointed to be a member of the
Committee may at any time resign his membership of the Com-
mittee by notice in writing addressed to the Secretary or, as the case
may be, the Director, save that, if at the time such notice is given
the Committee is considering any complaint or information the
person so resigning shall, if so required by the Council or, as the case
may be, the Director, continue to be a member of the Committee
for the purposes of the consideration of such complaint or informa-
tion but for no other purpose, until the Committee has discharged
its functions in respect of the complaint or information.

(7) No member of the Committee shall attend any meeting of the
Council as a member of the Council during the hearing or determination
of any complaint or information against any person





which is referred to the Council by the Committee for determination if
such member has attended any meeting of the Committee at which such
complaint or information was considered.

(8) The Committee shall meet from time to time as directed by the
chairman of the Committee who may at any time adjourn any meeting of
the Committee.

13. Where a complaint is made to or information is received by the
Secretary that a registered dentist

(a)has been convicted in the Colony, or elsewhere of any offence
punishable with imprisonment;

(b) has been guilty of unprofessional conduct.'

(c) has obtained registration by fraud or misrepresentation;

(d)was not at the time of his registration entitled to be registered;
or

(e)is practising dentistry in premises or under conditions which
are unsuitable for such practice,

or that an applicant for registration-

(i) has been convicted in the Colony or elsewhere of any offence
punishable with imprisonment;

(ii) has been guilty of unprofessional conduct; of

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

the Secretary shall submit the complaint or information to the
Committee.

14. (1) Where, in a complaint or information submitted by the
Secretary to the chairman of the Committee under regulation 13, any
allegation is made which in the opinion of the chairman of the
Committee gives rise to a question whether a registered dentist or an
applicant for registration has been guilty of unprofessional conduct, the
chairman of the Committee may require that the complaint or information
be formulated in writing setting out the grounds thereof and, except
where the complaint or information is in writing under the hand of a
public officer, supported by one or more statutory declarations as to the
facts of the case.

(2) Each statutory declaration referred to in paragraph (1)-

(a)shall state the address and description of the declarant; and

(b)if any fact declared is not within the personal knowledge of
the declarant, shall state the source of the declarant's
information and the grounds for his belief in the truth of the
facts; and

(c) shall be duly stamped.





15. (1) Where a complaint or information is submitted to the
chairman of the Committee by the Secretary, the chairman of the
Committee shall, unless it appears to him that the complaint or
information is frivolous or groundless and should not proceed further,
direct that the complaint or information be referred to the Committee for
its consideration and shall fix a date upon which it is proposed that the
Committee shall meet to consider the complaint or information.

(2) Where the chairman of the Committee directs that a complaint or
information be referred to the Committee, he shall direct the Secretary to,
and the Secretary when so directed shall

(a)notify the defendant of the receipt of the complaint or
information;

(b) inform him of the substance thereof;

(c)forward to him a copy of any statutory declaration furnished
under regulation 14(1);

(d)inform him of the date upon which the Committee is due to
meet for the purpose of considering the complaint or
information; and

(e)invite him to submit to the Committee any explanation of his
conduct or of any other matter alleged in the complaint or
information which he may have to offer.

15A. (1) At the meeting at which the complaint or information is
considered by the Committee, the Secretary shall put before the
Committee the complaint or information, any statutory declaration
received therewith, any explanation submitted by the defendant and any
other document or matter in the nature of evidence relevant to or in
support of the complaint or information and which is available.

(2) The Committee, having regard to any explanation or declaration
made by the defendant, shall consider the complaint or information, any
statutory declaration received therewith and any document or matter put
before it by the Secretary under paragraph (1) and, subject to the
provisions of this regulation, shall determine either

(a) that no inquiry shall be held; or

(b)that the complaint or information shall in whole or in part be
referred to the Council for inquiry.

(3) Before coming to a determination under paragraph (2),

c

the Committee may cause to be made such further investigations and
may obtain such additional advice or assistance as it considers
necessary.

16. If the Committee determine that no inquiry shall be held, the
chairman of the Committee shall direct the Secretary to, and the
Secretary when so directed shall, inform any complainant and the
defendant of the decision of the Committee and no inquiry shall be held.





17. (1) If the Committee determine that an inquiry shall be
held it shall refer the case to the Council and the chairman of the
Committee shall notify the Chairman of the Council of the matters
into which inquiry is to be made.

(2) Where a case has been referred to the Council under
paragraph (1), the Chairman of the Council shall fix a date upon
which it is proposed that the inquiry shall be held and shall direct
the Secretary to, and the Secretary when so directed shall, within
1 month of the determination of the Committee, serve on the
defendant a notice of inquiry in accordance with Form 6 in the
First Schedule together with a copy of these regulations.

(3) A notice of inquiry shall-
(a)specify in the form of a charge or charges the matters into
which inquiry is to be made; and
(b)state the date, time and place at which the inquiry is
proposed to be held.

(4) Except with the consent in writing of the defendant, an
inquiry shall not be held less than 28 days after the date of service
of the notice of inquiry.

(5) Service of a notice of inquiry on the defendant may be
by registered post addressed to him at the address shown on the
c
register or at his address last known to the Secretary if different.

(6) Within the time stipulated for service of the notice of
inquiry, the Secretary shall send a copy of the notice of inquiry to
any complainant.

18. (1) The Chairman of the Council may adjourn any inquiry
to such date as he thinks fit.

(2) Notice of any such adjournment shall be given to the
defendant and to any complainant.

19. (1) Where, after a complaint or information has been
referred to the Council for inquiry, further information is sub-
sequently produced in writing which suggests that an inquiry should
not be held, the Council may refer back the case to the Committee
for further consideration.

(2) As soon as may be after the giving of any such direction,
the chairman of the Committee shall direct the Secretary to, and
the Secretary when so directed shall, give notice thereof to any
complainant and to the defendant.

20. The defendant and any complainant shall furnish to the
Secretary, not less than 10 days before the date of an inquiry or such
lesser period as the Council may determine, 2 copies of all documents
upon which he intends to rely at the hearing of the said inquiry.





21. The Secretary on the request of the defendant or a com-
plainant and on the payment of his reasonable charge therefor shall
send to the defendant or to the complainant, as the case may be,
copies of any document sent to the Secretary by the other party for
the purposes of an inquiry.

22. Any party may at any time give to any other party notice
to produce any document alleged to be in the possession of that
party and, on failure to produce such document, may prove the
contents thereof by any alternative method.

23. (1) Where before the hearing or at any stage of the hear-
ing it appears to the Council that a notice of inquiry is defective,
the Chairman may give such directions for the amendment of the
notice as may be thought necessary to meet the circumstances of
the case unless, having regard to the merits of the case, he is of the
opinion that the required amendments cannot be made without
injustice to the defendant.

(2) The Secretary as soon as is practicable, after the amend-
ment of a notice of inquiry, shall give notice in writing thereof to
the defendant and to any complainant.

PART IV

PROCEEDINGS AT HEARING OF THE COUNCIL

24. (1) A shorthand writer may be appointed by the Council
to prepare a verbatim record of the proceedings.

(2) If a verbatim record of any proceedings or any part of any
proceedings has been prepared the Chairman, on application to him
by any party and on payment to him of a fee 75 cents for each folio
of 72 words or part thereof, shall furnish such party with a copy of
such record.

25. (1) At the opening of an inquiry the Secretary shall read
the notice of inquiry.

(2) If the defendant is not present or represented by his solicitor
or counsel at the opening of the inquiry, the Secretary shall furnish
to the Council such evidence as the Council may require that the
notice of inquiry was served on the defendant in accordance with
the provisions of regulation 17 and, on being satisfied as to such
evidence, the Council 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.





26. (1) After the reading of the notice of inquiry the defendant, or
his solicitor or counsel, may object to any charge on a point of law and,
upon such objection, any other party to the inquiry may reply thereto
and, if any such party replies to such objection, the defendant, or his
solicitor or counsel, shall be permitted to answer such reply.

(2) If such objection is upheld by the Council the charge to which
such objection relates shall be considered only subject to such
objection.

27. Subject to the provisions of regulations 25 and 26, the following
order of procedure shall be observed

(a) the complainant, or his solicitor or counsel, or in their
absence, or if there is no complainant, the Secretary, shall
present the case against the defendant and adduce the
evidence in support thereof and shall close the case against
the defendant: -Q

Provided that, on the application of the Director, the
Attorney General may appoint a legal officer within the
meaning of the Legal Officers Ordinance to carry out the
duties of the Secretary in respect of that inquiry in the
absence of a complainant and his solicitor or counsel;

(b) at the conclusion of the presentation of the case against the
defendant, he or his solicitor or counsel may make either or
both of the following submissions in relation to any charge in
respect of which evidence has been adduced

(i) that sufficient evidence has not been adduced upon
which the Council can find that the facts alleged in that charge
have been proved;

(ii) that the facts alleged in the charge are not such as to
constitute the offence charged,

and where such submission is made, 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 may answer
such reply;

(c)if a submission is made under paragraph (b), the Council shall
consider and determine whether the submission shall be
upheld and

(i) the Chairman shall announce the determination of the
Council; and

(ii) if the Council upholds the submission in respect of any
charge, the finding shall be recorded that the defendant is not
guilty on that charge; and

(iii) if the Council rejects the submission, the Chairman
shall call upon the defendant to state his case;





(d)the defendant, or his solicitor or counsel, may then adduce
evidence in support of his case and may address the
Council:
Provided that only one address may be made under
this paragraph, and where evidence has been adduced by
or on behalf of the defendant such address may be made
either before or after such evidence has been adduced;

(e)at the conclusion of the case of the defendant, the com-
plainant, or his solicitor or counsel, or in their absence
the Secretary, may address the Council in reply, only if
evidence has been adduced by or on behalf of the defend-
ant other than by his own evidence, or with the special
leave of the Council.

28. (1) At the conclusion of the proceedings under regulation
27, the Council shall consider and determine whether to postpone
judgment.

(2) If the Council decides to postpone judgment, the judgment
of the Council shall stand postponed until such future meeting of
the Council as the Council may decide, and the Chairman shall
announce the decision of the Council in such terms as the Council
may approve.

(3) If the Council decides not to postpone judgment, the
Council shall consider and determine whether the facts alleged in
any charge before the Council have been proved to its satisfaction
and whether the defendant is guilty of the offence charged.

(4) When the Council has come to its decision under para-
graph (3), the Chairman shall announce the decision of the Council
in such terms as the Council may approve.

29. (1) Where under the provisions of regulation 28(2), the
judgment of the Council in respect of a charge stands postponed to a
future meeting of the Council, the Secretary, not less than 1 week
before the date fixed for such future meeting, shall serve on the
defendant a notice specifying the date, time and place fixed for the
meeting of the Council and inviting him to appear at such meeting;
such notice shall be served in the manner provided by regulation 17
for the service of a notice of inquiry.

(2) If there is a complainant in respect of the charge, a copy of
the notice shall be sent to such complainant.

(3) At such future meeting the Chairman may invite the
Secretary to recall, for the information of the Council, the position
in which the case stands and the Council may hear any other party
to the proceedings.

(4) The Council shall then consider and determine its judgment
in accordance with the provisions of regulation 28 and shall
announce its decision in the manner set forth in that regulation.





30. (1) After the announcement of the decision of the Council
in respect of the charge, if such decision be a finding of guilty of the
offence charged, the Council shall consider and determine whether
or not to postpone sentence on the defendant.

(2) If the Council decides to postpone sentence, the sentence
of the Council shall stand postponed until such future meeting of
the Council as the Council may decide, and the Chairman shall
announce the decision of the Council in such terms as the Council
may approve.

31. (1) At any meeting of the Council at which sentence on
a defendant is to be decided by the Council, before the Council shall
decide such sentence an opportunity shall be given to the defendant,
or his solicitor or counsel, to address the Council by way of mitiga-
tion and to adduce evidence as to the circumstances leading to the
offence and as to the character and antecedents of the defendant.

(IA) At any such meeting-
(a)the Secretary or other person presenting the case to the
Council may produce to the Council the records of any
meeting of the Council at which an order was made against
the defendant pursuant to section 18 of the Ordinance; and

(b)the defendant, in person or by his solicitor or counsel, may
address the Council by way of mitigation and may adduce
evidence as to the circumstances leading to any such
previous order.

(2) The Council shall then consider and determine the sentence
on the defendant and the Chairman shall announce the decision of
the Council in such terms as the Council may approve.

32. (1) Where, in accordance with the provisions of regulation
30, the decision of the Council in regard to the sentence in respect
of any charge stands postponed to a future meeting of the Council,
the Secretary, not less than 1 week before the date fixed for such
future meeting, shall serve on the defendant a notice specifying the
date, time and place fixed for the meeting of the Council and inviting
him to appear at such meeting; such notice shall be served in the
manner provided by regulation 17 for the service of a notice of inquiry.

(2) If there is a complainant in respect of the charge, a copy of
the notice shall be sent to such complainant.

33. (1) Evidence may be taken by the Council by oral state-
ment on oath or by written deposition or statement.

(2) A summons to any person requiring him to attend an
inquiry to give evidence or produce any document or other thing
in his possession, in accordance with the provisions of section 19
of the Ordinance, may be in accordance with Form 7 in the First
Schedule.





(3) Every witness shall be examined by the party producing
him and may then be cross-examined by the other party and only
upon matters arising out of such cross-examination may be re-
examined by the party producing him.

(4) The Council may decline to admit the evidence of any
deponent to a document who is not present for, or who declines
to submit to, cross-examination.

(5) The Chairman, and members of the Council through the
Chairman, may put such questions to the parties or to any witness
as they may think desirable.

34. (1) In the taking of the votes of the Council on any
question to be determined by them, the Chairman shall call upon
the members to signify their votes by raising their right hands,
and shall thereupon declare the determination of the Council in
respect of such question.

(2) Where the determination of the Council so declared by the
Chairman is challenged by any member of the Council, the Chairman
shall call upon each member severally to declare his vote, announce
his own vote and announce the number of members of the Council
who have voted each way, and the result of the vote.

(3) Where on any question to be determined by the Council
the votes are equal, the question shall be deemed to have been
decided in favour of the defendant.

(4) No person other than members of the Council and the
Legal Adviser shall be present when the Council votes on any
matter.

PART V
DUTIES OF LEGAL ADVISER

35. The Legal Adviser shall be present at every inquiry held by
the Council in accordance with the provisions of section 9 or section
18 of the Ordinance and no such inquiry shall commence if the Legal
Adviser is not present.

36. The Chairman may give to the Legal Adviser prior notice
that his advice may be required at any meeting of the Council, other
than an inquiry under section 9 or section 18 of the Ordinance, or
at any meeting of the Committee and, if such notice is given, the
Legal Adviser shall be present at such meeting.

37. (1) When the Legal Adviser advises the Council on any
question of law as to evidence, procedure or any other matter in any
inquiry under section 9 or section 18 of the Ordinance he shall do
so in the presence of every party to the proceedings or the person
representing each party or, if the advice is tendered after the Council
has commenced to deliberate as to its findings, every such party or





person as aforesaid shall be informed of the advice that the Legal
Adviser has tendered.

(2) In any case where the Council does not accept the advice of the
Legal Adviser on any such question as aforesaid, every such party or
person shall be informed of this fact.

FIRST SCHEDULE

FORM 1 [reg. 3.1

DENTISTS REGISTRATION ORDINANCE
(Chapter 156)

REGISTER

(FOR DENTISTS RESIDENT IN HONG KONG)

Principal and 1 1
of
other Qualification Registra ion Photograph Remarks
Namepractising and date No.
addresses

FORM I A [reg. 3.1

DENTISTS REGISTRATION ORDINANCE
(Chapter 156)

REGISTER

(FOR DENTISTS KONG)

Q

AddressAddress Clla- Certificate
Name (for corre- Photograph Remarks

(Permanent)spondence) dot No.





2 [reg. S.]

DENTISTS REGISTRATION ORDINANCE
(Chapter 156)

APPLICATION FOR REGISTRATION AS A
DENTIST BY
AN APPLICANT RESIDENT IN HONG KONG

.1........................................
...........................................................

Of ...............................................................................................
apply for registration as a registered dentist in accordance with section 9 of the
Dentists Registration Ordinance.

2. 1 have not been convicted in Hong Kong or elsewhere of any offence
punishable with imprisonment, nor have I ever been found guilty of misconduct in
a professional respect.

3. 1 hold the following qualifications

... ............. 1

............................ .... 1 1 1

Declared at Hong Kong

this ..day of
19
Before me,

Barrister-at-law, Commissioner for Oaths, Justice of the
Peace, Minister of Religion, Registered Dentist or Solicitor.

Photograph

2A [reg. 5.1

DENTISTS REGISTRATION ORDINANCE
(Chapter 156)

APPLICATION FOR AS A DENTIST BY
AN RESIDENT OUTSIDE HONG KONG

1...................................... ------

of ................................................. .........

apply for registration as a registered dentist in accordance with section 9 of the
Dentists Registration Ordinance.

2.(a) My permanent address is

1 ..........................; and

(b) My address for correspondence in Hong Kong is .....................

.................. -. ~ 1

3. 1 have not been convicted in Hong Kong or elsewhere of any offence
punishable with imprisonment, nor have I ever been found guilty of misconduct in a
professional respect.





4. 1 hold the following qualifications-

......................... 1

Declared at .................................

this ..day of
19
Before me,

or Notary Public

p

at ....................................

3 [s. 10 & reg. 7.1

DENTISTS REGISTRATION ORDINANCE
(Chapter 156)

CERTIFICATE OF REGISTRATION

No . .............................................

1 hereby certify that the following is a true copy of particulars extracted from
the entry in the Register

Name Address Date of Registration Qualifications

Fee paid: $450, or exempt under section 30 for the reason
stated below

Photograph

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

Registrar.



4
[Deleted, L.N. 177177]





5 [reg. 11.1

DENTISTS REGISTRATION ORDINANCE
(Chapter 156)

PARTICULARS OF DIRECTORS OR MANAGERS OR PERSONS
WHO DENTAL OPERATIONS

Presented by (a) ....................................................................................

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

Particulars of the directors or managers (b) of (a) .......................................

Company of (c) ........................or of persons who perform

dental operations in connexion with the business of the said company.

Address
Names in full
Business Residential

(Signature) .............................................

(State whether director or
manager or secretary).

Dated this day of 19

(a) Registered name of company.

(b)-Director- includes any person who occupies the position of a director by whatever name called, and any person
in accordance with whose directions or instructions the directors of a company are accustomed to act.

(c) Registered address

(d)State whether director, manager or a person who performs dental operations in connexion with the business of
the company.

6 [reg. 17.]

DENTISTS REGISTRATION ORDINANCE
(Chapter 156)

NOTICE OF INQUIRY

[Date.
] Sir/Madam,

On behalf of the Dental Council of Hong Kong notice is hereby given to you
that, in consequence of a complaint made against you to the Council/ information
received by the Council, an inquiry is to be held into the following against you:

charge relates to conviction) That you were on the ........................

day of .......19 at (specify court recording the conviction)

convicted of (set out particulars of the conviction in sufficient detail to identify
the case).
or

(If the charge relates to conduct) That you (set out briefly the facts alleged):
and that in relation to the facts alleged you have been guilty of unprofessional
conduct.







or





(If the charge relates to obtaining registration by fraud or misrepresentation)
That you (set out briefly the facts alleged): and that in relation to the facts alleged
you obtained registration by fraud or misrepresentation.

or

(If the charge alleges that the registered dentist was not qualified, at the time
of his registration, to be registered) That you (set out briefly the facts alleged): and
that in relation to the facts alleged you were not at the time of your registration
qualified to be registered.

or

(If the charge alleges that the registered dentist is practising dentistry in
premises or under conditions which are unsuitable for such practice) That you (set
out briefly the facts alleged): and that in relation to the facts alleged you are
practising dentistry in premises under such conditions which are unsuitable for such
practice.

a?,

(If the charge alleges that an applicant for registration has been convicted
in the Colony or elsewhere of any offence punishable with imprisonment, or has
been guilt ' v of unprofessional conduct or is the subject of an existing order made

under section 17(1)(i) or (ii) of the repealed Ordinance) That on the ......

day of .......19 .you made application to the Secretary for

registration in accordance with section 9 of the Dentists Registration Ordinance,
whereas (set out briefly, the facts alleged): and that in relation to the facts alleged
your name should not be entered upon the register.

(Where there is more than one charge, the charges are to be numbered
consecutively).

Notice is further given to you that on (clay of the week) the ..................

day of ..........19 a meeting of the Dental Council of
Hong Kong will be held at .. ~ .................. , at

.....a.m./p.m. to consider the above-mentioned chargers) against you,

and d. ... to ... determine whether or not the said Council should take any action
against you under (state whether section 9 or 18) of the Dentists Registration
Ordinance.

You are hereby invited to answer in writing the above-mentioned charge(s)
and also to appear before the Council at the place and time specified above, for the
purpose of answering such charge(s). You may appear in person or by counsel or
solicitor. The Council has power, if you do not appear, to hear and decide upon the
said charge(s) in your absence.

Any answer, admission, or other statement or communication which you may
desire to make with respect to the said charge(s) should be addressed to the
Secretary.

If you desire to make any application that the inquiry should be postponed,
you should send the application to the Secretary as soon as may be, stating the
grounds on which you desire a postponement. Any such application will be
considered by the President of the Dental Council.

A copy of the Dentists (Registration and Disciplinary Procedure) Regulations
is sent herewith for your information.







1 have the honour to be,
Sir/Madam,
Your obedient servant.

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

Secretary.





FORM 7 [reg. 33.]

DENTISTS REGISTRATION ORDINANCE
(Chapter 156)

SUMMONS TO
WITNESS

In the matter of a Disciplinary Inquiry under section 9/section 18 of the
Ordinance:

And in the matter of (1) ..................................................................

TO (2) ......1

You are hereby summoned to appear before the Dental Council of Hong
Kong at .............................................................................................

upon the .................day of ..1 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

Chairman, Denial Council of Hong Kong.

NOTE: (1) Insert name of registered dentist.
(2) Insert name and address of witness.
(3) Delete if not required.
(4) Specify the books, documents or other things to be produced.

SECOND SCHEDULE [ss. 9(2) & 11 A,
regs. 4, 6 & S B.]
FEES

Entrance for any examination ... ... ... ... ... ... ... $300
Registration ... ... ... ... ... ... ... ... ... ... ... ... ... $450

Re-registration ... ... ... ... ... ... ... ... ... ... ... ... ... $250
Certificate o anding ... ... ... ... ... ... ... ... ... ... ... $100
Certificate verifying registration ... ... ... ... ... ... ... ... ... $100
Alteration to the register ... ... - . ... ... ... ... ... ... ...

Certified copy of an entry in the register - ... ... ... ... ... ... $100

Duplicate certificate of registration ... ... ... ... $100
Certified copy of certificate of registration ... ... ... ... ... $100



Practising certificate for a dentist whose n c is on the register for dentists
resident in Hong Kong, but who is not employed in the public service $100

Practising certificate for a dentist whose name is on the register for
dentists resident in Hong Kong, who is employed in the public service
and who is not practising privately for gain ...... ... ... ... $ 25



Practising certificate for a dentist whose name is on thb.-,register for dentists resident
outside Hong Kong ... ... ... ... ... ... $ 40


G.N.A. 54/59. G.N.A. 70/62. L.N. 25/66. L.N. 118/68. L.N. 177/77. G.N.A. 60/59. Citation. Interpretation. L.N. 118/68. L.N. 118/68. L.N. 177/77. Form of register. L.N. 177/77. First Schedule, Form 1. First Schedule, Form 1A. Fees. L.N. 177/77. Second Schedule. Application for registration. L.N. 177/77. First Schedule, Form 2. First Schedule, Form 2A. Examination. L.N. 177/77. Second Schedule. Certificate of registration. L.N. 177/77. First Schedule, Form 3. Practising certificate. L.N. 177/77. Certificate of standing. L.N. 177/77. Copies of entries and certificates. L.N. 177/77. Second Schedule. Alteration of register. Qualifications. Statement by body corporate. First Schedule. Form 5. Preliminary Investigation Committee. L.N. 118/68. L.N. 177/77. Submission or receipt of complaint or information. L.N. 118/68. Complaint or information touching conduct. L.N. 118/68. Reference of complaint or information to the Committee. L.N. 118/68. Consideration of complaint or information by the Committee. L.N. 118/68. Determination of Committee that no inquiry be held. L.N. 118/68. Determination of Committee that inquiry be held. L.N. 118/68. First Schedule, Form 6. Adjournment of inquiry. L.N. 118/68. Reference back to Committee. L.N. 118/68. Documents to be furnished to Council. L.N. 118/68. Documents to be available to each party. L.N. 118/68. Notice to produce. Amendment of notice. L.N. 118/68. Record of proceedings. L.N. 118/68. Opening of inquiry. Objections on point of law. Order of procedure. (Cap. 87.) Postponement of judgment. Notice of determination of judgment. Postponement of sentence. Address in mitigation. L.N. 177/77. Notice of postponement of sentence. Evidence. First Schedule, Form 7. Voting. L.N. 118/68. Inquiry by the Council. Ordinary meetings of Council. Advice by Legal Advisor. L.N. 177/77. L.N. 177/77. L.N. 177/77. L.N. 177/77. L.N. 177/77. L.N. 118/68. L.N. 177/77.

G.N.A. 54/59. G.N.A. 70/62. L.N. 25/66. L.N. 118/68. L.N. 177/77. G.N.A. 60/59. Citation. Interpretation. L.N. 118/68. L.N. 118/68. L.N. 177/77. Form of register. L.N. 177/77. First Schedule, Form 1. First Schedule, Form 1A. Fees. L.N. 177/77. Second Schedule. Application for registration. L.N. 177/77. First Schedule, Form 2. First Schedule, Form 2A. Examination. L.N. 177/77. Second Schedule. Certificate of registration. L.N. 177/77. First Schedule, Form 3. Practising certificate. L.N. 177/77. Certificate of standing. L.N. 177/77. Copies of entries and certificates. L.N. 177/77. Second Schedule. Alteration of register. Qualifications. Statement by body corporate. First Schedule. Form 5. Preliminary Investigation Committee. L.N. 118/68. L.N. 177/77. Submission or receipt of complaint or information. L.N. 118/68. Complaint or information touching conduct. L.N. 118/68. Reference of complaint or information to the Committee. L.N. 118/68. Consideration of complaint or information by the Committee. L.N. 118/68. Determination of Committee that no inquiry be held. L.N. 118/68. Determination of Committee that inquiry be held. L.N. 118/68. First Schedule, Form 6. Adjournment of inquiry. L.N. 118/68. Reference back to Committee. L.N. 118/68. Documents to be furnished to Council. L.N. 118/68. Documents to be available to each party. L.N. 118/68. Notice to produce. Amendment of notice. L.N. 118/68. Record of proceedings. L.N. 118/68. Opening of inquiry. Objections on point of law. Order of procedure. (Cap. 87.) Postponement of judgment. Notice of determination of judgment. Postponement of sentence. Address in mitigation. L.N. 177/77. Notice of postponement of sentence. Evidence. First Schedule, Form 7. Voting. L.N. 118/68. Inquiry by the Council. Ordinary meetings of Council. Advice by Legal Advisor. L.N. 177/77. L.N. 177/77. L.N. 177/77. L.N. 177/77. L.N. 177/77. L.N. 118/68. L.N. 177/77.

https://oelawhk.lib.hku.hk/items/show/2712

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