MEDICAL PRACTITIONERS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS
Title
MEDICAL PRACTITIONERS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS
Description
MEDICAL PRACTITIONERS (REGISTRATION AND
DISCIPLINARY PROCEDURE) REGULATIONS
ARRANGEMENT OF REGULATIONS
Regulation Page
PART 1
CITATION AND INTERPRETATION
1.........Citation ....................... ... ... ... ... ... ... ... ... ... A3
2...........Interpretation .................. ... . ... ... ... ... ... A 3
PART 11
REGISTER AND CERTIFICATES
3. Form of register.............. ... ... ... ... ... ... ... ... ... A 3
4......Fees ........................... ... ... ... ... ... ... ... ... ... A 3
5. Approved experience in a resident medical capacity ... ... ... ... ... ... A 4
5A..............Period of assessment ..... ... ... ... ... ... ... ... ... A 4
6.................Application for registration ... ... ... ... ... ... ... ... ... A 4
7.................Certificate of registration ... ... ... ... ... ... ... ... ... ... A 5
7A. Application for practising certificate ... ... ... ... ... ... ... A 5
7B............Practising certificate ..... ... ... ... ... ... ... ... ... ... ... ... A 5
7C................Certificate of good standing ... ... ... ... ... ... ... ... ... AS
8....................Copies of entries and certificates ... ... ... ... ... ... ... ... ... AS
PART 111
PROCEEDINGS PREPARATORY TO HOLDING OF AN INQUIRY BY THE COUNCIL
9......................Preliminary Investigation Committee ... ... ... ... ... ... ... ... A 5
10............................Submission or receipt of complaint or information ... ... ... ... ... A 7
11..........................Complaint or information touching conduct ... A 8
12..............................Reference of complaint or information to the Committee ... ... ... ... A 8
12A.............................Consideration of complaint or information by the Committee ... ... ... A 9
13............................Determination of Committee that no inquiry be held ... ... ... ... ... A 9
14............................Determination of Committee that inquiry be held ... ... ... ... ... A 9
15...............Adjournment of inquiry ........ ... ... ... ... ... ... ... ... ... A 10
16...............Referring back to Committee ... ... ... ... ... ... ... ... ... ... A10
PART IV
PROCEEDINGS AT HEARING OF THE COUNCIL
17...................Hearings in public or in camera ... ... ... ... ... ... ... ... ... A 10
18..........Representation .................... ... ... ... ... ... ... ... ... A10
Regulation.................................. Page
19...............Record of proceedings ......... ... ... ... ... ... ... ... ... ... A 10
20.............Opening of inquiry ........ ... ... ... ... ... ... ... ... ... ... A 11
21.................Objections on point of law ... ... ... ... ... ... ... ... ... ... A 11
22.............Order of procedure ........ ... ... ... ... ... ... ... ... ... ... A 11
23.................Postponement of judgment ... ... ... ... ... ... ... ... ... A 12
24......................Notice of determination of judgment ... ... ... ... ... ... ... A 13
25.................Postponement of sentence ... ... ... ... ... ... ... ... ... ... A 13
26...............Address in mitigation ......... ... ... ... ... ... ... ... ... ... A 13
27......................Notice of postponement of sentence ... ... ... ... ... ... ... ... A 14
28........Evidence ....................... ... ... ... ... ... ... ... ... ... A 14
29........Voting ............................ ... ... ... ... ... ... ... ... ... A 14
30........Summons ........................... ... ... ... ... .. ... ... ... A 15
PART V
DUTIES OF LEGAL ADVISER
31...............Inquiry by the Council ..... ... ... ... ... ... ... ... ... ... ... A 15
32.................Ordinary meeting., of Council ... ... ... ... ... ... ... ... ... ... A 15
33.................Advice b.,, Legal Adviser ... ... ... ... ... ... ... ... ... A 15
PART VI
PROCEDURE RE ON REVIEWS AND APPEALS UNDER PART
IIIA
OF ORDINANCE
34. Procedure on appeal under section 20F(2) ... ... ... ... ... ... ... ... A 15
35. Procedure on review under section 20G(1) ... ... ... ... ... ... ... ... A 17
36. Procedure on appeal under section 20G(3) .. ... ... ... ... ... ... ... A 17
First Schedule. Forms ...................... ... ... ... ... ... ... ... ... A 18
Second Schedule. Fees....................... ... ... ... ... ... ... ... ... A 24
MEDICAL PRACTITIONERS (REGISTRATION AND
DISCIPLINARY PROCEDURE) REGULATIONS
(Cap. 161, section 33)
[1 June 1957.]
PART I
CITATION AND INTERPRETATION
1. These regulations may be cited as the Medical Practitioners
(Registration and Disciplinary Procedure) Regulations.
2. In these regulations, unless the context otherwise requires-
means any person from whom a complaint against or
information in respect of a registered medical practitioner has been
received by the Secretary in accordance with regulation 10,
-Committee- means the Preliminary Investigation Committee constituted
under regulation 9;
'defendant' means any registered medical practitioner against or in
respect of whom a complaint or information has been received by
the Secretary in accordance with regulation 10,
'notice of inquiry' means a notice served in accordance with regulation
14.
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 medical practitioner resident in Hong Kong; or
(b)in accordance with Form 1A in the First Schedule, in the
case of a medical practitioner 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) The period of employment in a resident medical capacity in an
approved hospital or institution in accordance with section 9(1), (2) and
(3) of the Ordinance, subject to the provisions of subsection (4) of that
section, shall be 1 year, of which 6 months shall be spent in a resident
surgical post and 6 months in a resident medical post:
Provided that time spent in midwifery may be counted for the
purpose of such service either as time spent in medicine or as time spent
in surgery as the applicant may elect for a period not exceeding 6
months.
(2) A certificate issued by the University of Hong Kong or the
Chinese University of Hong Kong in accordance with section 9(2) of the
Ordinance shall be in accordance with Form 2 in the First Schedule.
SA. For the purposes of section 10A(1) of the Ordinance. the
prescribed period shall be 18 months.
6. (1) An application for registration shall be-
(a) if the applicant is resident in Hong Kong-
(i) in accordance with Form 3 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 medical practitioner or solicitor. or
(b) if the applicant is resident outside Hong Kong-
(i) in accordance with Form 3A in the First Schedule, and
(ii) completed in the presence of a commissioner for oaths
or notary public.
(IA) 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 70mm and not less
than 40 x 60mm.
(2) The Council may require an applicant for registration to provide
one or more of the following
(a)the original diploma entitling the applicant, or by virtue of
which the applicant is applying, to be registered,
(b) evidence of identity in the form of a statement by-
(i) a barrister-at-law. commissioner for oaths, justice of the
peace, minister of religion, registered medical practitioner or
solicitor, if the applicant is resident in Hong Kong; or
(ii) a commissioner for oaths, or notary public, if the
applicant is resident outside Hong Kong,
to the effect that the applicant for registration is personally
known to him and is in fact the person whose name appears
on the application;
(c)a certificate of registration as a medical practitioner in any
state or territory outside Hong Kong if the applicant has been
registered in such state or territory;
(ca) a practising certificate issued in any state or territory outside
Hong Kong and valid at the date of application for
registration, or other equivalent documentary evidence of
entitlement to practise medicine, surgery and midwifery;
(d)a certificate of approved experience covering a period of at
least 1 year;
(e)where the applicant is a Licentiate, his licence granted under
section 13A of the Ordinance.
7. A certificate of registration shall be in accordance with Form 4 in
the First Schedule.
7A. An application for the issue of a practising certificate shall be
made in writing.
7B. A practising certificate shall be in such form as may be
determined by the Registrar.
7C. A certificate of good standing shall be in such form as may be
determined by the Council.
8. On application and on payment of the appropriate fee specified
in the Second Schedule
(a) the Registrar shall issue-
(i) a certified copy of any entry in the register;
(ii) a practising certificate; and
(b) the Secretary may issue-
(i) a certificate of good standing;
(ii) a certificate verifying registration.
PART III
PROCEEDINGS PREPARATORY TO HOLDING
OF AN
INQUIRY BY THE COUNCIL
9. (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) 1 registered medical practitioner ordinarily resident in
Hong Kong, who is not a member of the Council, nomi-
nated by the Hong Kong Branch of the British Medical
Association and appointed by the Director; and
(c)1 registered medical practitioner ordinarily resident in Hong
Kong, who is not a member of the Council, nominated by the
Hong Kong Kong Medical Association and appointed by the Director.
(1A) No person shall be eligible for appointment to the Committee
under this regulation if the Council has, at any time, made an order
against such person in accordance with section 21 of the Ordinance.
(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 Committee
appointed under either paragraph (1)(b) or (c) 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 functions
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 functions
as a member of the Committee was appointed to the
Committee under paragraph (1)(b) or (c) the person appointed
to be temporarily a member of the Committee shall be a
registered medical practitioner ordinarily resident in Hong
Kong, who is not a member of the Council, nominated by the
Hong Kong Branch of the British Medical Association or by
the Hong Kong Medical Association, as the case may be.
(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 of 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 a 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 Committee
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 ing 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
be the con
purposes of the consideration of such complaint or information 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.
10. Where a complaint is made to or information is received by the
Secretary that a registered medical practitioner
(a)has been convicted in Hong Kong or elsewhere of any offence
punishable with imprisonment;
(b) has been guilty of misconduct in any professional respect;
(c) has obtained registration by fraud or misrepresentation; or
(d)was not at the time of his registration entitled to be registered,
or that an applicant for registration-
(i)has been convicted in Hong Kong or elsewhere of any offence
punishable with imprisonment; or
(ii) has been guilty of misconduct in a professional respect,
the Secretary shall submit the complaint or information to the Chairman
of the Committee.
11. (1) Where, in a complaint or information submitted by the
Secretary to the Chairman of the Committee under regulation 10, any
allegation is made which in the opinion of the Chairman of the
Committee gives rise to a question whether a registered medical
practitioner has been guilty of misconduct in any professional respect,
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 or of the President of the Hong Kong Medical
Association, 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
(e) shall be duly stamped.
12. (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 11 (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.
12A. (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), the
Committee may cause to be made such further investigations and may
obtain such additional advice or assistance as it considers necessary.
13. 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.
14. (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 specifying 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, and within 1 month of the
determination of the Committee, shall, serve on the defendant a notice
of inquiry in accordance with Form 5 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 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.
15. (1) The Chairman 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.
16. (1) Where, after a complaint or information has been referred to
the Council for inquiry. further information is subsequently 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.
PART IV
PROCEEDINGS AT HEARING OF THE
COUNCIL
17. (1) At the discretion of the Council, any hearings thereof may
be open to the public or partly open to the public and partly in camera.
(2) At any stage of the proceedings the Council may decide to
conduct the remainder thereof open to the public or in camera, as the
case may be.
18. Any party to any inquiry may be represented by a solicitor or
by a solicitor and counsel.
19. (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 of 75 cents for each folio of 72
words or part thereof, shall furnish such party with a copy of such
record.
20. (1) At the opening of an inquiry the Secretary of the Council
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 14 and, on the Council being satisfied as to such evidence,
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.
21. (1) After the reading of the notice of inquiry the defendant, in
person, 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.
22. Subject to the provisions of regulations 20 and 21, the following
order of procedure shall be observed
(a)the complainant in person or his solicitor or counsel, or in
their absence, or if there is no complainant, the Secretary of
the Council, shall present the case against the defendant and
adduce evidence in support thereof and shall close the case
against the defendant:
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 the complainant and his solicitor or counsel;
(b)at the conclusion of the presentation of the case against the
defendant, he, in person or by 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 in person or by his solicitor or
counsel, or in their absence by the Secretary of the Council,
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 uphold the submission in respect of
any charge, the finding shall be recorded that the defend-
ant is not guilty on that charge; and
(iii) if the Council reject the submission, the Chairman
shall call upon the defendant to state his case;
(d)the defendant, in person or by his solicitor or his 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, in person or by his solicitor or counsel, or in their
absence the Secretary of the Council. may address the
Council in reply, only if evidence has been adduced by or
on behalf of the defendant other than by his own evidence,
or with the special leave of the Council.
23. (1) At the conclusion of the proceedings under regulation
22, the Council shall consider and determine whether to postpone
judgment.
(2) If the Council decide 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 of the Council
shall announce the decision of the Council in such terms as the
Council may approve.
(3) If the Council decide not to postpone judgment, the
Council shall consider and determine whether the facts alleged in
any charge before the Council have been proved to their 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.
24. (1) When, under the provision of regulation 23(2), the
judgment of the Council in respect of a charge stands postponed to a
future meeting of the Council, the Secretary of the Council, 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 14 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 of the Council 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 judg-
ment in the manner set forth in regulation 23 and shall announce its
decision in manner set forth in that regulation.
25. (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 decide 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 an-
nounce the decision of the Council in such terms as the Council may
approve.
26. (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 the Chairman shall ask the defendant whether
he wishes to address the Council, and the defendant, in person or by
his solicitor or counsel, may address the Council by way of mitiga-
tion and may 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 21 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.
27. (1) Where, in accordance with the provisions of regulation 25,
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 of the Council, 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 14 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.
28. (1) Evidence may be taken by the Council by oral statement on
oath or by written deposition or statement.
(2) 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 reexamined by the
party producing him.
(3) 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.
(4) 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.
29. (1) In the taking of the votes of the Council on any question to
be determined by it, 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 to the Council may be present when the Council votes on any
matter.
30. A witness summons under section 22 of the Ordinance shall be
in accordance with Form 6 in the First Schedule.
PART V
DUTIES OF LEGAL ADVISER
31. The Legal Adviser to the Council shall be present at every
inquiry held by the Council in accordance with the provisions of section
21 of the Ordinance and no such inquiry shall commence if the Legal
Adviser is not present.
32. 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 21 of the Ordinance, or at any meeting of the
Preliminary Investigation Committee and, if such notice is given, the
Legal Adviser shall be present at such meeting.
33. (1) When the Legal Adviser to the Council advises the Council
on any question of law as to evidence. procedure or any other matter, in
any inquiry under section 21 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.
PART VI
PROCEDURE ON REVIEWS AND APPEALS UNDER PART IIIA
OF ORDINANCE
34. (1) An appeal against a decision of the Licentiate Committee to
the Council under section 20F(2) of the Ordinance shall be instituted by
the appellant giving to the Secretary of the Council, within the time
specified in section 20F(2), a notice of appeal in writing setting out the
decision appealed against and the grounds of the appeal.
(2) The appellant shall at the same time as he gives notice of appeal
to the Council serve on the Secretary of the Licentiate Committee a copy
of his notice of appeal.
(3) The Chairman of the Council shall fix the date, time and place of
the hearing of an appeal and the Secretary of the Council shall give 14
clear days' notice thereof both to the appellant and to the Secretary of
the Licentiate Committee.
(4) The appellant may appear at the hearing of his appeal and
may be heard in person or by his representative.
(5) The Licentiate Committee may appear at the hearing of an
appeal and may be represented by any member or the Secretary thereof
or by any other person.
(6) If the appellant or the Licentiate Committee wish to submit
written representations relating to an appeal for consideration by the
Council at the hearing of such appeal, the appellant or the Licentiate
Committee, as the case may be, shall send such representations to the
Secretary of the Council not less than 7 days before the hearing and
shall at the same time send a copy thereof to the other party.
(7) At any time before the hearing of an appeal, the appellant may
withdraw the appeal by notice in writing addressed to the Secretary of
the Council.
(8) The appellant and the Licentiate Committee shall be entitled to
make opening statements, to call witnesses, to crossexamine any
witnesses called by the other party and to address the Council.
(9) If the appellant or the Licentiate Committee or both of them fail
to appear or to be represented on the hearing of the appeal. the Council
may-
(a) adjourn the hearing to a later date;
(b) proceed to hear the appeal. or
(c) if the appellant fails to appear, dismiss the appeal.
(10) If the Council hears an appeal in the absence of either or both
parties it shall consider any representations submitted by such party or
parties under paragraph (6).
(11) All appeals shall be heard in private.
(12) The Chairman of the Council may
(a)extend the time appointed in this regulation for doing any act
notwithstanding that the time appointed may have expired,
(h)postpone the day or time fixed for, or adjourn the hearing of,
any appeal,
(c)at the request of the appellant or the Licentiate Committee by
notice summon any person to appear before the Council on
the hearing of an appeal and may examine him as a witness
either on oath or otherwise;
(d)at the hearing of an appeal admit or reject any c,. evidence adduced.
whether oral or documentary. and the pro\ provisions of the
Evidence Ordinance relating to the admissibility of evidence shall not
apply.
(13) The Secretary of the Council shall, within 28 days of the decision of
the Council. notify the appellant in writing thereof.
(14) Subject to this regulation, the Council shall regulate its own procedure.
35. (1) A review by the review subcommittee under section
20G(1) 1 of the Ordinance shall be instituted by the applicant sending
to the Secretary of the review sub-committee. within the time
specified in section 20G(I). an application for a in writing
setting out the decision to be reviewed ed and the grounds for seeking a
review, and any written representations which lie wishes the review
sub-cominittee to consider on the review.
(2) The Secretary of the review sub-committee shall. riot later than 14
days after the receipt of an application under paragraph 1
refer the application to the sub-committee together with any
written representations submitted by the applicant.
(3) On a review, the review sub-committee shall consider any written
representations submitted by the applicant.
(4) The Secretary of the review sub-committee shall. within 7 days of the
sub-committee's decision. notify the applicant in writing of the decision and the
reasons therefor, and. if the review subcommittee has confirmed or varied the
decision the subject of the review. inform him of his right of appeal to the
Licentiate Committee under section 20G(3).
36. (1) An appeal against a decision of the review subcommittee to the
Licentiate Committee under section 20G(3) of the Ordinance shall be instituted
by the appellant giving to the Secretary of the Licentiate Committee, within the
time specified in section 20G(3), a notice of appeal in writing setting out the
decision appealed against and the grounds of the appeal.
(2) The procedure on appeals under section 20F(2) set out in regulation
34, other than paragraph (1) thereof, shall apply to appeals under section
20G(3), as if references in that regulation to the Council were references to the
Licentiate Committee and references in that regulation to the Licentiate
Committee were references to the review sub-committee.
FIRST SCHEDULE
FORM 1 [reg. 3.]
MEDICAL REGISTRATION ORDINANCE
(Chapter 161)
MEDICAL PRACTITIONERS (REGISTRATION AND DISCIPLINARY
PROCEDURE) REGULATIONS
REGISTER
(FOR MEDICAL PRACTITIONERS RESIDENT IN HONG KONG)
Nature D AdditionalDate of
Name Of atdegreesadditional Photo- Registra-
Addressqualifi- qualifi-and qual fl degrees graph tion Cer- Remarks
cavons and qualifi- tificate No.
cations cat,ons cations
FORM 1A [reg. 3.]
MEDICAL REGISTRATION ORDINANCE
(Chapter 161)
MEDICAL PRACTITIONERS (REGISTRATION AND DISCIPLINARY PROCEDURE)
REGULATIONS
REGISTER
(FOR MEDICAL PRACTITIONERS RESIDENT OUTSIDE
HONG KONG)
FORm 2 [reg. 5.]
MEDICAL REGISTRATION ORDINANCE
(Chapter 161)
MEDICAL PRACTITIONERS (REGISTRATION AND
DISCIPLINARY
PROCEDURE) REGULATIONS
CERTIFICATE OF EXPERIENCE
In accordance with section 9 of the Medical Registration Ordinance, it is
hereby certified
(1) that
(Name of applicant)
of
.................................................................................................................
(Address)
. . .................... .. .......
has been employed as shown in a resident medical capactiy (as defined in section 9 of the Medical Registration Ordinance) in the under-mentioned
approved Hospitals or Institutions for a period of not less than 12 months,
namely ........................months.
Period of Employment-From ....................................................................
to ..........................................................................
(2) that during the said period the applicant has been engaged in Medicine
as .....................................................................
(Name of Post)
in ................................................
..............................................................................................................
.
(Title of hospital so, institutior s in full
for a period of not less than 6 months, namely
............................................ months, and that his service while so
employed has been satisfactory.
(3) that during the said period the applicant has been engaged in Surgery
as .........................................
(Name of post)
in
..................................................................................................................
.................................
(Title of hospital/s or institution/s in full in capital letters)
for a period of not less than 6 months, namely
............................................ months, and that his service while so
employed has been satisfactory.
(4)that any time spent in Midwifery which has been counted for the purposes
of the foregoing paragraphs (2) and (3) as time spent in Medicine/Surgery
is a period not exceeding 6 months, namely
.................. months.
(5)that the *University of Hong Kong/Chinese University of Hong Kong is
satisfied that the said
....................................................................................
.................................
(Name of applicant for full registration)
has satisfied the conditions required by section 9 of the Medical
Registration Ordinance.
Dated this ................day of . 19
.........
Dean,
Faculty of Medicine
*University of Hong Kong/Chinese University of Hong Kong
*(Delete as appropriate).
FORM 3 [reg. 6.]
MEDICAL REGISTRATION ORDINANCE
(Chapter 161)
MEDICAL PRACTITIONERS (REGISTRATION AND DISCIPLINARY PROCEDURE)
REGULATIONS
APPLICATION FOR REGISTRATION AS A REGISTERED
MEDICAL PRACTITIONER
I, ..................................................................................................................
of ... . ..... .. . . . ....
apply for registration as a registered medical practitioners in accordance with section
14 of the Medical Registration Ordinance.
2. I 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. I hold the following qualifications
.....................................
................................................................. ...............................
and have had the experience prescribed in the Medical Registration Ordinance.
Declared at Hong Kong
this ....day
of ...................................
19 ...................................
Before me,
Photograph
Barrister-at-law, Commissioner for
Oaths, Justice of the Peace, Minister
of Religion, kegistered Medical
Practitioner or Solicitor.
Hong Kong.
FORM 3A [reg. 6.]
MEDICAL REGISTRATION ORDINANCE
(Chapter 161)
MEDICAL PRACTITIONERS (REGISTRATION AND DISCIPLINARY PROCEDURE)
REGULATIONS
APPLICATION FOR REGISTRATION AS A REGISTERED
MEDICAL PRACTITIONER BY A RESIDENT OUTSIDE
HONG KONG
1, .. ........... of
apply for registration as a registered medical practitioner in accordance with section
14 of the Medical Registration Ordinance.
2. 1 have not been convicted in Hong Kong or elsewhere of any offence
punishable with imprisonment, nor have 1 ever been found guilty of misconduct in a
professional respect.
3. I hold the following qualifications-
. ................
and have had the experience described in the Medical Registration Ordinance.
Declared at * ................................
this .................. day of
19 ..........
Before me,
Commissioner for Oaths Photograph
or
Notary Public.
* .................
Insert place of residence of applicant.
FORM 4 [reg. 7.]
THE MEDICAL COUNCIL OF HONG KONG
MEDICAL REGISTRATION ORDINANCE
(Chapter 161)
MEDICAL PRACTITIONERS (REGISTRATION AND DISCIPLINARY
PROCEDURE) REGULATIONS
CERTIFICATE OF REGISTRATION
I 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 free for the reason stated below-
............
Registrar.
.. ...... 19
NOTICE
(1)This certificate is valid as evidence of registration under the Medical Registration Ordinance.
(2)A list of registered medical practitioners is published annually in the Government Gazette.
The appearance in the most recent annual list of the name of any person shall be evidence that
such person is registered and the absence of name of any person shall be prima facie evidence
that such person is not so registered, unless the date of registration is later than the date of
publication of the list.
(3)All registered medical practitioners must notify any change of address. The Medical Council
may order the removal from the register of the name of any medical practitioner who has not
supplied to the Registrar any address through which letters or telegrams addressed to him at
such address will be delivered to him.
FORM 5 [reg. 14.]
MEDICAL REGISTRATION ORDINANCE
(Chapter 161)
MEDICAL PRACTITIONERS (REGISTRATION AND DISCIPLINARY
PROCEDURE) REGULATIONS
NOTICE OF INQUIRY
Sir/Madam,
On behalf of the Medical Council of Hong Kong notice is hereby given to you
that in consequence of (1)
........................................................
an inquiry is to be held into the following charge(s) against you-
That you were on the ....day of .................... . 19
at
(2)
...................................................................
..................................................
............
convicted of (3)
.................................................................................
or
That you (4)
.............................................................................................
..........
and that in relation to the facts alleged you have been guilty of misconduct in a professional respect.
or
That you (4)
.............................................................................................
..........
and that in relation to the facts alleged you obtained registration by fraud or
misrepresentation.
or
That you (4)
.............................................................................................
..........
and that in relation to the facts alleged you were not at the time of your registration entitled to be
registered.
(Where there is more than one charge, the charges are to be numbered consecutively).
Notice is further given to you that on (day of the week) the ................................
day of ............... 19 . a meeting of the Medical
Council of Hong Kong will be held at
....................................................................
at .......a.m./p.m. to consider the above-mentioned charge(s) against
you, and to determine whether or not the Medical Council should take any action
against you under subsection of section
of the Medical 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 it/them. 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 of the Council.
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 Chairman of the Medical Council.
A copy of the Medical Practitioners (Registration and Disciplinary Procedure)
Regulations is sent herewith for your information.
I have the honour to be.
Sir/Madam,
Your obedient servant.
.........
Secretary. of the Council.
vote,
(1) A complaint made against you to the Council
or
Information received by the Council.
(2) Specify court recording the conviction.
(3) Set out particulars of the conviction in sufficient detail to identify the case
(4) Set out briefly the facts alleged.
FORM 6 [reg. 30.]
MEDICAL REGISTRATION ORDINANCE
(Chapter 161)
MEDICAL PRACTITIONERS (REGISTRATION AND DISCIPLINARY
PROCEDURE) REGULATIONS
SUMMONS TO WITNESS
In the matter of an Inquiry under section 21 of the Medical Registration
Ordinance:
And in the matter of (1)
....................................................................................... To (2)
...........................................................................................................................
You are hereby summoned to appear before the Medical Council of Hong
Kong at
......................................................................................................................
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
.......................
Chairman of the Council.
Note:
(1) Insert name of registered medical practitioner 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.
SECOND SCHEDULE [regs. 4 & 8.]
FEES
1 Registration in Part II of the register $100
2. Registration in Part I or Part III of the register $450
3. Registration in Part IV of the register $100
4. Restoration to the register
.................................................. $250
5, Certificate of good standing
.................................................. $100
6. Certificate verifying registration
.................................................. $100
7. Alteration to register .............
$40
8. Certified copy of an entry in the register $100
9. Practising certificate-
(a)for a medical practitioner registered under section 14 in the register
for medical practitioners resident in Hong Kong, other than a
person referred to in paragraph (c) or (d) below $100
(b) for a medical practitoner registered under section 14 in the
register for medical practitioners resident outside Hong
Kong
................................................. $ 40
(c)for a medical practitioner registered under section 14 in the
register for medical pracitioners resident in Hong Kong,
who is in the full-time service of an approved subvented
hospital and is not engaged in private practice ........ $ 25
(d)for a medical practitioner deemed to be a registered
practitioner under section 29(d), including any such medical
practitioner who is registered or entitled to be registered
under section14....................... ..... $ 25
10. Application under section 8A(2)(a)
................................................ $100
11. Licentiate examination fees-
(a) Part I examination ............................. $650
(b) Part II examination ............ .... $200
(c) Part III examination
............................................... $600
(d) Any one discipline in the Part Ill examination ... $200
G.N.A. 49/57. G.N.A. 34/60. G.N.A. 20/62. L.N. 74/66. L.N. 171/70. L.N. 177/70. L.N. 42/71. L.N. 81/71. L.N. 3/76. L.N. 27/76. L.N. 311/76. L.N. 38/78. L.N. 330/82. Citation. Interpretation. L.N. 74/66. L.N. 74/66. L.N. 3/76. Form of register. L.N. 42/71. First Schedule, Form 1. First Schedule, Form 1A. Fees. L.N. 3/76. L.N. 27/76. Second Schedule. Approved experience in a resident medical capacity. L.N. 330/82. First Schedule, Form 2. Period of assessment. L.N. 311/76. Application for registration. L.N. 42/71. First Schedule, Form 3. First Schedule, Form 3A. L.N. 330/82. L.N. 42/71. L.N. 330/82. L.N. 330/82. L.N. 311/76. Certificate of registration. First Schedule, Form 4. Application for practising certificate. L.N. 3/76. L.N. 38/78. Practising certificate. L.N. 3/76. Certificate of good standing. L.N. 3/76. L.N. 330/82. Copies of entries and certificates. L.N. 3/76. Second Schedule. Preliminary Investigation Committee. L.N. 74/66. L.N. 330/82. L.N. 330/82. L.N. 177/70. L.N. 171/70. L.N. 330/82. L.N. 177/70. Submission or receipt of complaint or information. L.N. 74/66. L.N. 171/70. L.N. 81/71. L.N. 330/82. L.N. 330/82. Complaint or information touching conduct. L.N. 74/66. L.N. 177/70. L.N. 81/71. Reference of complaint or information to the Committee. L.N. 74/66. Consideration of complaint or information by the Committee. L.N. 74/66. Determination of Committee that no inquiry be held. L.N. 74/66. Determination of Committee that inquiry be held. L.N. 74/66. First Schedule, Form 5. Adjournment of inquiry. L.N. 74/66. Referring back to Committee. L.N. 74/66. Hearings in public or in camera. Representation. Record of proceedings. L.N. 74/66. 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. 171/70. Notice of postponement of sentence. Evidence. Voting. L.N. 74/66. Summons. First Schedule, Form 6. Inquiry by the Council. Ordinary meetings of Council. Advice by Legal Adviser. L.N. 311/76. Procedure on appeal under section 20F(2). (Cap. 8.) Procedure on review under section 20G(1). Procedure on appeal under section 20G(3). L.N. 42/71. L.N. 42/71. L.N. 330/82. L.N. 171/70. L.N. 81/71. L.N. 330/82. L.N. 42/71. L.N. 81/71. G.N.A. 20/62. L.N. 3/76. L.N. 74/66. L.N. 81/71. (If the charge relates to conviction). (If the charge relates to conduct). (If the charge relates to obtaining registration by fraud or misrepresentation). (If the charge alleges that the registered practitioner was not entitled, at the time of his registration, to be registered). L.N. 74/66. L.N. 330/82.
Abstract
G.N.A. 49/57. G.N.A. 34/60. G.N.A. 20/62. L.N. 74/66. L.N. 171/70. L.N. 177/70. L.N. 42/71. L.N. 81/71. L.N. 3/76. L.N. 27/76. L.N. 311/76. L.N. 38/78. L.N. 330/82. Citation. Interpretation. L.N. 74/66. L.N. 74/66. L.N. 3/76. Form of register. L.N. 42/71. First Schedule, Form 1. First Schedule, Form 1A. Fees. L.N. 3/76. L.N. 27/76. Second Schedule. Approved experience in a resident medical capacity. L.N. 330/82. First Schedule, Form 2. Period of assessment. L.N. 311/76. Application for registration. L.N. 42/71. First Schedule, Form 3. First Schedule, Form 3A. L.N. 330/82. L.N. 42/71. L.N. 330/82. L.N. 330/82. L.N. 311/76. Certificate of registration. First Schedule, Form 4. Application for practising certificate. L.N. 3/76. L.N. 38/78. Practising certificate. L.N. 3/76. Certificate of good standing. L.N. 3/76. L.N. 330/82. Copies of entries and certificates. L.N. 3/76. Second Schedule. Preliminary Investigation Committee. L.N. 74/66. L.N. 330/82. L.N. 330/82. L.N. 177/70. L.N. 171/70. L.N. 330/82. L.N. 177/70. Submission or receipt of complaint or information. L.N. 74/66. L.N. 171/70. L.N. 81/71. L.N. 330/82. L.N. 330/82. Complaint or information touching conduct. L.N. 74/66. L.N. 177/70. L.N. 81/71. Reference of complaint or information to the Committee. L.N. 74/66. Consideration of complaint or information by the Committee. L.N. 74/66. Determination of Committee that no inquiry be held. L.N. 74/66. Determination of Committee that inquiry be held. L.N. 74/66. First Schedule, Form 5. Adjournment of inquiry. L.N. 74/66. Referring back to Committee. L.N. 74/66. Hearings in public or in camera. Representation. Record of proceedings. L.N. 74/66. 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. 171/70. Notice of postponement of sentence. Evidence. Voting. L.N. 74/66. Summons. First Schedule, Form 6. Inquiry by the Council. Ordinary meetings of Council. Advice by Legal Adviser. L.N. 311/76. Procedure on appeal under section 20F(2). (Cap. 8.) Procedure on review under section 20G(1). Procedure on appeal under section 20G(3). L.N. 42/71. L.N. 42/71. L.N. 330/82. L.N. 171/70. L.N. 81/71. L.N. 330/82. L.N. 42/71. L.N. 81/71. G.N.A. 20/62. L.N. 3/76. L.N. 74/66. L.N. 81/71. (If the charge relates to conviction). (If the charge relates to conduct). (If the charge relates to obtaining registration by fraud or misrepresentation). (If the charge alleges that the registered practitioner was not entitled, at the time of his registration, to be registered). L.N. 74/66. L.N. 330/82.
Identifier
https://oelawhk.lib.hku.hk/items/show/2735
Edition
1964
Volume
v12
Subsequent Cap No.
161
Number of Pages
24
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MEDICAL PRACTITIONERS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS,” Historical Laws of Hong Kong Online, accessed March 12, 2025, https://oelawhk.lib.hku.hk/items/show/2735.
