MIDWIVES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS

MIDWIVES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS

MIDWIVES (REGISTRATION AND DISCIPLINARY
PROCEDURE)
REGULATIONS.


ARRANGEMENT OF REGULATIONS.

Regulation. page.



PART I.

GENERAL.

1. Citation ................................. ... ... ... ... ... ... A 3
2. Interpretation............................ ... ... ... ... ... ... ... A 3

PART II.
REGISTRATION AND
PRACTICE.

3................Form of register . ..... ... ... ... ... ... ... ... ... ... A 3
4................Application for registration ... ... ... ... ... ... ... ... ... A 3

5..................................Registration and practising fees and certificate of registration ... ... A4

6...........Case register ............... ... ... ... ... ... ... ... ... ... A 5

PART III.
TRAINING.

7. Midwives' training schools ............... ... ... ... ... ... A 5

8. Eligibility and admission to midwives' training schools ... ... ... A 6

9. Training of midwives .................. ... ... ... ... ... ... A7

to............Examinations ................... ... ... ... ... ... ... ... A 8

PART IV.
PROCEEDINGS PREPARATORY TO EXERCISE OF
DISCIPLINARY
POWERS BY THE BOARD.

11......................Preliminary Investigation Committee ... ... ... ... ... ... ... A9

12.............................Submission or receipt of complaint or information ... ... ... ... A 10

12A..........................Complaint or information touching conduct ... ... ... ... ... All

12B...............................Reference of complaint or information to the Committee ... ... ... All
13................................Consideration of complaint or information by the Committee ... ... A 12
14................................Determination of Committee that no inquiry be held ... ... ... A 12

15.............................Determination of Committee that inquiry be held ... ... ... ... A 13

16...............Adjournment of inquiry .... ... ... ... ... ... ... ... ... ... A 13
17...............Referring back to Committee ... ... ... ... ... ... ... ... ... A 13







18. Documents to be furnished to Board ... ... ... ... ... ... ... ... A 13





Regulation. Page.
19. Documents to be available to the parties ... ... ... ... ... ... ... A 13
20. Notice to produce ... ... ... ... ... ... ... ... ... ... ... ... A 14
21. Amendment of notice ... ... ... ... ... ... ... ... ... ... - A 14

PART V.

PROCEEDINGS AT A HEARING OF THE
BOARD.

22................Record of proceedings ... ... ... ... ... ... ...

23.............Opening of inquiry ........... ... ... ... ... ... ... ... ... ... A 14

24..................Objections on point of law ... ... ... ... ... ... ... ... ... A15

25.............Order of procedure ........... ... ... ... ... ... ... ... ... ... A 15

26..................Postponement of judgment ... ... ... ... ... ... ... ... ... A 16

27......................Notice of determination of judgment ... ... ... ... ... ... ... A 16
28......................Postponement of sentence ... ... ... ... ... ... ... A 17

29................Address in mitigation ..... ... ... ... ... A 17

30......................Notice of postponement of sentence ... ... ... ... ... ... ... A 17

31.........Evidence ........................... ... ... ... ... ... ... ... A 17

32......Voting ........................ ... ... ... ... ... ... ... ... ... A 18

PART VI.

DUTIES OF LEGAL
ADVISER.

33. Inquiry by the Board............ .. 1 ... ... .. ... ... ... A
18
p
34. Advice by legal adviser......... ... ... ... ... ... ... ... ... ... A
18

35....................................Attendance of legal adviser at ordinary meetings of the Board ... A 18

First Schedule. Particulars to be entered in the register ... ... ... ... ... A 19

Second Schedule. Forms ........................ ... ... ... ... ... ... ... A 19
Third Schedule. Fees ....................... ... ... ... ... A 22

Fourth Schedule. Prescribed institutions ...... ... ... ... ... ... ... ... ... A 23





MIDWIVES (REGISTRATION AND DISCIPLINARY
PROCEDURE) REGULATIONS.

(Cap. 162, section 23).

[9th December, 1960.]

PART I.

GENERAL.

1. These regulations may be cited as the Midwives (Regis

tration and Disciplinary Procedure) Regulations.

2. In these regulations, unless the context otherwise requires

-Committee- means the Preliminary Investigation Committee referred to
in regulation 11 ;

'pupil midwife' means a woman whose name is registered with the
Board under regulation 8;

'defendant' means the woman to be charged before a disciplinary
inquiry held in accordance with these regulations;

'register of the Nursing Board' means the register of nurses maintained
by the Nursing Board of Hong Kong under the Nurses Registration
Ordinance;

'trainingschool' means an establishment declared to be a training
school for midwives in accordance with regulation 7.

PART II.

REGISTRATION AND PRACTICE.

3. The register shall contain in respect of each midwife

whose name is registered therein the particulars specified in the

First Schedule.

4. (1) Subject to the provisions of paragraph (2), every

application for registration as a midwife shall be submitted in

writing to the secretary and shall-

(a) contain the following particulars(i)
name;

(ii) age;
(iii) address;
(iv) whether married or single;
(v) hospital or training school where trained;
(vi) particulars of training and practice, if any; and

(vii) dates of previous applications to the Board, if ANY;
AND



(b) be accompanied by the following documents

(i) a certificaton Colony, of character from a resident of
standing

in the Colony;

(ii) a certificate or diploma issued by a training school or, in
the case of a woman claiming qualification for registration
under paragraph (d), (e), (f) or (g) of subsection (1) of section
7 of the Ordinance, by the appropriate authorizing body;

(iii) passport or identification certificate;

(iv) two unmounted copies of a photograph of the applicant
taken not more than two years before the date of application
for registration;

(v) in the case of a woman seeking registration immediately
after training in a training school, a record book of cases
attended by her during such training; and

(vi) the certificate of a medical practitioner registered under
the Medical Registration Ordinance, certifying that the
applicant is not suffering from any infectious disease, within
the meaning of the Quarantine and Prevention of Disease
Ordinance, such as to render her unfit, in his opinion, to attend
women in childbirth.

(2) In the case of application for registration by-

(a) a midwife of Her Majesty's armed forces serving on full

pay in the Colony; or


(b)a midwife on full time employment in that capacity with the
Government,

it shall be sufficient if the application is made by letter addressed to the
secretary and signed by such midwife's commanding officer or head of
department, as the case may be, stating the full name of the midwife,
confirming her employment, enclosing two recently taken photographs
of her and requesting that she be registered.

5. (1) Before the name of any woman is entered in the register or, if
removed from the register otherwise than by an order of the Board made
under paragraph (ii) of subsection (1) of section 10 of the Ordinance, re-
entered in the register such woman shall pay to the secretary the
appropriate fee prescribed in the Third Schedule.

(2) Where in accordance with section 22 of the Ordinance any
registered midwife gives to the secretary notice of her intention to
practise she shall pay, at the time of giving such notice, the appropriate
fee prescribed in the Third Schedule and referred to therein as a
practising fee.

(3) Paragraphs (1) and (2) shall not apply to any person who-

(a) is a midwife of sty 1 armed forces while serving

on full pay in the Colony; or











(b)is a midwife in the full time employrnent of the Government of
Hong Kong.

(4) Paragraph (2) shall not apply to any person who is employed full
time in any institution prescribed in the Fourth Schedule and who acts as
a midwife from time to time in the course of such employrnent.

(5) Upon registration of re-registration of any midwife the secretary
shall issue to her a certificate of registration in accordance with Form 1 in
the Second Schedule.

(6) The fee payable for the issue of any certified copy of a
certificate of registration shall be the appropriate fee prescribed in the
Third Schedule.

6. (1) Every practising midwife shall maintain a case register in the
form prescribed in Form 2 in the Second Schedule.

(2) Every case register required to be kept in accordance with
paragraph (1) shall be open to inspection on request by any person
authorized thereto by the Director

(3) Any midwife who contravenes any of the provisions of this
regulation shall be guilty of an offence and shall be liable to a fine of five
hundred dollars.

PART III.

TRAINING.

1) No course of training in midwifery carried out in

the Colony shall be recognized by the Board unless such course is carried
out in an establishment declared by the Board by notification in the
Gazette to be a training school for midwives.

(2) No establishment shall be approved by the Board for the
purposes of paragraph (1) unless the Board is satisfied

(a)that an average of not less than five hundred confinements
take place therein annually;

(b)if the establishment is not connected with a general hospital,
that ante-natal beds are provided;

(e)that the establishment is associated with ante-natal and post-
natal clinics;

(d)if the establishment is not part of a general hospital, that
facilities for isolating infectious cases are provided;

(e)that the establishment is, or after being approved by the Board
will be, at all times staffed by

(i) not less than one medical practitioner with special
experience in obstetric work satisfactory to the Board; and





(ii) not less than one resident medical practitioner
possessing a minimum of six months' post-graduate experience
in obstetric work:

Provided that this requirement shall not apply in
any case in which the medical practitioner referred to in
sub-sub-paragraph (i) is resident in the establishment; and
(iii) not less than three resident midwives each of
whom, if acting as a teacher of the pupils, shall be a
registered midwife of more than three years standing
whose name appears on the register of the Nursing Board.

(3) Without prejudice to anything contained in paragraph
(2), before approving any establishment to be a training school
the Board shall take into consideration the number and qualifica-
tions of the members of the permanent medical and nursing staff,
the equipment available for teaching purposes, the facilities for
study available to the pupils, and any other matters relating thereto.

(4) If at any time it appears to the Board that any training school
has ceased to comply with any of the requirements specified in
paragraph (2), the Board may, after such inquiry as the Board may think
fit, withdraw its approval.

(5) Every approval and every withdrawal of approval under this
regulation shall be declared by the Board by notification in the Gazette.

(6) Every training school shall be subject to such inspection as the
Board may from time to time direct.

(7) Every establishment approved in accordance with the
provisions of the revoked Midwives Regulations to be a training school
for midwives shall be deemed to have been duly approved under this
regulation to be a training school.

8. (1) No woman shall be admitted to any training school unless her
name is registered with the Board as a pupil midwife.

(2) No woman shall be eligible for registration under paragraph (1)
unless either her name appears on the register of the Nursing Board or
she satisfies the Board

(a) that she has attained the age of nineteen years;

(b)that she has attained the following minimum standard of
education

(i) for English-speaking training schools-that she has
completed Form IV and is eligible for entry to Form V, or

(ii) for Non-English-speaking training schools-that she has
completed Senior Middle 1 and is eligible for entry to Senior
Middle 11;

(c) that she is a woman of good character; and





(d)that she is not suffering from any infectious disease, within the
meaning of the Quarantine and Prevention of Disease
Ordinance, which would, in the opinion of the Board, render her
unfit to attend women in childbirth.

(3) Application for registration under this regulation shall be made
to the Board in -writing accompanied by documentary evidence of the
particulars specified in paragraph (2) and submitted through the
authority administering the training school at which the applicant
intends to undertake her training.

9. (1) Every course of training for pupil midwives intending to apply
for registration under the Ordinance shall be carried out under the
supervision of one or more competent teachers of midwifery and

(a) shall extend over a period-

(i) in the case of any woman whose name appears on the
register of the Nursing Board, of one year, and

(ii) in other cases, of two years; and

(b) shall include-

(i) not less than thirty lectures and demonstrations in
midwifery, including ante-natal care and care of the newborn
infant;

(ii) the conduct of ante-natal examination of not less than
fifty pregnant women;

(iii) attendance at not less than thirty cases of labour,
making full examination during the course of labour and
personally delivering the infant and afterbirth in each case,
and the personal care of not less than twenty layingin women
and their infants during the time the patients are in the training
school;

(iv) attendance at infant welfare clinics and practical
instruction in the care and management of infants; and

(v) in the case of pupil midwives taking two years' training,
a preliminary course in elementary anatomy, physiology, and
the elementary principles of general nursing and hygiene.

(2) Every course of training shall be continuous and no pupil
midwife shall be permitted to engage in any other work or study,

except with the written permission of the Director, than such as

is prescribed in furtherance of the course of training required by
these regulations.

(3) Every pupil midwife may, at the discretion of the person in
charge of the training school at which she is undergoing training, be
granted leave of absence from training for a period in the aggregate not
exceeding fourteen days, excluding public holidays, in each year of
training.





(4) If any pupil midwife interrupts her course of training for
any period exceeding that prescribed by paragraph (3), no part of
any training which she has undergone prior to such interruption
shall be taken into account towards completion of the course of
training required by paragraph (I):

Provided that where such interruption is caused by the illness
of the pupil or domestic or other emergency beyond her control
which, in the opinion of the person in charge of the training school,
constitutes a sufficient cause, the pupil may be permitted to complete
the course of training which she commenced before the interrup-
tion on production, if the interruption was due to the pupil's illness,
of a medical certificate signed by the medical officer in charge of
the hospital at which she was undergoing training or signed by a
registered medical practitioner and countersigned by the medical
officer in charge of the hospital.

10. (1) The qualifying examination for registration shall be
conducted by not less than two persons registered under the
Medical Registration Ordinance and appointed for such purpose
by the Board, and such assistant examiners as the Board may
appoint in addition thereto.

(2) Each candidate for examination shall, as a condition of
entry for the examination, pay the entrance fee therefor prescribed
in the Third Schedule.

(3) The examination shall be both written and oral and shall
be conducted in respect of such subjects as the Board may from
time to time require.

(4) The examiners shall inform the Board of the marks
obtained by each candidate at the examination.

(5) The Board may specify, and may from time to time vary
at its discretion, the number of marks which shall be deemed to
constitute a pass in any subject set for examination and may
specify the number of subjects in which a candidate shall be
required to pass in order to pass the examination.

(6) If any person fails on two or more occasions to pass
the Board's examination she shall not be eligible to enter again
for such examination unless she has undergone such period of
additional training and instruction, not being less than six -months,
as the Board may have directed.

(7) Except as otherwise permitted by the Board, either
generally or in any particular case, no woman shall be eligible to
enter for examination under this regulation unless she has com-
pleted a course of training in accordance with regulation 9.





PART IV.

PROCEEDINGS PREPARATORY TO EXERCISE OF
DISCIPLINARY
POWERS BY THE BOARD.

11. (1) For the purpose 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)one member of the Board elected by the Board, who shall be
chairman of the Committee; and

(b) two registered midwives who-

(i) are not members of the Board;

(ii) are ordinarily resident in Hong Kong Kong; and

(iii) are appointed by the Director from a panel of

at least six registered midwives nominated by the Hong
Kong Midwives Association.

(2) No registered midwife in respect of whom the Board has made an
order in accordance with paragraphs (i) to (iv) of subsection (1) of
section 10 of the Ordinance shall be eligible for

appointment by the Director to the Committee.

(3) Save as provided in paragraphs (4), (5) and (6), a member of the
Committee shall hold office for twelve months but at the end of each
such period may be re-elected or re-appointed, as the case may be.

(4) If a member of the Committee appointed under subparagraph (b)
of paragraph (1) becomes a member of the Board she shall cease to be a
member of the Committee.

(5) (a) Where for any reason a person elected or appointed
to the Committee under paragraph (1) is or will be unable
temporarily to exercise her functions as a member, another
member may be elected by the Board or, as the case may
be, appointed by the Director from a panel of at least
six registered midwives nominated by the Hong Kong
Midwives Association, to be temporarily a member of
the Committee.

(b)If the person so unable temporarily to exercise her functions as
a member of the Committee was elected to the Committee
under sub-paragraph (a) of paragraph (1) the person elected to
be temporarily a member of the Committee shall be another
member of the Board, who shall, during the period of her
membership of the Committee, be chairman of the Committee.

(c)If the person so unable temporarily to exercise her functions as
a member of the Committee was appointed to the Committee
under sub-paragraph (b) of paragraph (1)





the person appointed to be temporarily a member of the
Committee shall be a registered midwife who

(i) is not a member of the Board;

(ii) is ordinarily resident in Hong Kong; and

(iii) is included in a panel of at least six registered midwives
nominated by the Hong Kong Midwives Association.

(6) 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 (3) or

(4); or

(b)at the time the membership of any person elected or appointed
to be temporarily a member of the Committee under paragraph
(5) 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.

(7) A person elected or appointed to be a member of the
Committee may at any time resign her membership of the Com-
mittee by notice in writing addressed to the secretary or the
Director respectively, 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 Board or, as
the case may be, the Director , continue to to be a member of the
Committee for the 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.

(8) No member of the Committee shall attend any meeting of the
Board as a member of the Board during the hearing or determination of
any complaint or information against any person which is referred to the
Board by the Committee for determination if such member has attended
any meeting of the Committee at which such complaint or information
was considered.

(9) 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.

12. (1) Where a complaintis made to or information is
received by the secretary that a registered midwife
(a) has been convicted, in the Colony or elsewhere, of any
offence punishable with imprisonment;





(b) has been guilty, in the Colony or elsewhere, of unpro-
fessional conduct;

(c) has obtained registration by fraud or misrepresentation;

(d)was not at the time of her registration qualified to be
registered;

(e)has contravened any prohibition imposed under section 19 of
the Ordinance; or

has faded to comply with any direction of the Board issued
under section 24 of the Ordinance,

the secretary shall submit the complaint or information to the chairman
of the Committee.

(2) Where a complaint is made to or information is received by the
secretary that an applicant for registration.

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


(b) has been guilty, in the Colony or elsewhere, of unpro-
fessional conduct,

the secretary shall submit the complaint or information to the chairman
of the Committee.

12A. (1) Where, in a complaint or information submitted by the
secretary to the chairman of the Committee under regulation 12, any
allegation is made which in the opinion of the chairman of the Committee
gives rise to a question whether a registered midwife or applicant 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.

12B. (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 her 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, she 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 her of the substance thereof;

(c)forward to her a copy of any statutory declaration furnished
under paragraph (1) of regulation 12A;

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

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

13. (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 submitted 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 Board 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.

14. If the Committee determine that no inquiry shall be held, the
secretary shall inform any complainant and the defendant of the
decision of the Committee and no inquiry shall be held.





15. (1) If the Committee determine that an inquiry shall be
held, the secretary, within thirty days after the determination of
the Committee, shall serve on the defendant a notice of inquiry
in accordance with Form 3 in the Second Schedule together with
a copy of these regulations:
Provided that no notice of inquiry shall be issued without
prior reference thereof to the legal adviser to the Board.

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

(3) Except with the consent in writing of the defendant no
inquiry shall be held within less than twenty-eight days after the
date of service of the notice of inquiry upon the defendant.

(4) Service of a notice of inquiry on the defendant may be
by registered post addressed to her at the address shown on the
register or at her last address known to the secretary if difrerent
therefrom.

(5) 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.

16. The chairman may adjourn any inquiry to such date as
he thinks fit:

Provided that notice of any such adjournment shall be given
to the defendant and to any complainant.

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

(2) As soon as may be after the giving of any such direction
the secretary shall give notice thereof to any complainant and to
the defendant.

18. The defendant and any complainant shall furnish to the
secretary, not less than ten days before the date of an inquiry or
such lesser period as the Board may determine, two copies of all
documents upon which he intends to rely at the hearing of the
said inquiry.

19. The secretary, at the request of the defendant or any
complainant and on payment of his reasonable charges therefor,
if any, shall send for the purpose of the inquiry to the defendant





or to the complainant, as the case may be, copies of any document
sent to him by the other party to the proceedings.

20. Any party may at any time after service of a notice of
inquiry give to any other party to such inquiry 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 other evidence.

21. (1) Where before the hearing, or at any stage during
the hearing, it appears to the Board that a notice of inquiry is
defective in any respect 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
circumstances, he is of the opinion that the amendments required
may not be made without resulting in an injustice to the defendant.

(2) The secretary, as soon as is practicable after the amend-
ment of any notice of inquiry, shall give notice in writing thereof
to the defendant and to any complainant unless the amendment
is directed verbally by the chairman in the presence of the parties
thereto at the hearing of an inquiry by the Board.

PART V.

PROCEEDINGS AT A HEARING OF THE BOARD.

22. (1) A shorthand writer may be appointed by the Board
for the purposes of any inquiry.

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

23. (1) At the opening of any inquiry the secretary shall
read the notice of inquiry to all persons being present at the inquiry.

(2) If the defendant is not present or represented at the open-
ing of the inquiry, the secretary shall furnish to the Board such
evidence as the Board may require that the notice of inquiry was
served on the defendant in accordance with the provisions of
regulation 15 and, on being satisfied that the notice was served,
the Board 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 her that
she may cross-examine witnesses, give evidence and call witnesses





on her own behalf and address the Board subject to the provisions of
regulations 24 and 25.

24. (1) After the reading of the notice of inquiry the defendant, or
her representative, 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 her
representative, shall be permitted to answer such reply.

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

25. 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:

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

(b)at the conclusion of the presentation of the case against the
defendant, the defendant or her representative may make
either or both of the following submissions in relation to any
charge

(i) that no or insufficient evidence has been adduced upon
which the Board 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;

(c)where a submission referred to in paragraph (b) 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;

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

(i) the chairman shall announce the determination of the
Board; and

(ii) if the Board 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 Board rejects the submission the chairman
shall call upon the defendant to state her case;

(e)the defendant, or her representative, may then adduce
evidence in support of her case and may address the
Board:

Provided that, except with leave of the Board, 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;

(f)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 Board in reply, but only
if evidence has been adduced by or on behalf of the
defendant other than by her own evidence; or with the
leave of the Board.

26. (1) At the conclusion of the proceedings the Board shall
consider and determine whether to postpone judgment.

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

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

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

27. (1) Where under the provisions of paragraph (2) of
regulation 26, the judgment of the Board in respect of a charge
stands postponed to a future meeting of the Board, the secretary,
not less than one week before the date fixed for such future meet-
ing, shall, in the manner prescribed in paragraph (4) of regulation
15, serve on the defendant a notice specifying the date, time and
place fixed for the meeting of the Board and inviting her to appear
at such meeting.

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

(3) The Board shall then consider and determine its judgment
and the chairman shall announce the decision of the Board in such
terms as the Board may approve.





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

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

29. (1) At any meeting of the Board at which sentence on
a defendant is to be decided, before the Board shall decide such
sentence an opportunity shall be given to the defendant, or her
representative, to address the Board by way of mitigation and to
adduce evidence as to the circumstances leading to the offence and
as to the character and antecedents of the defendant.

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

(3) If the defendant fails to attend, personally or by her
representative, the announcement of the decision of the Board, the
secretary, in the manner prescribed by paragraph (4) of regulation
15, shall, within seven days after the announcement of the decision,
serve upon the defendant a notice setting out the terms of such
decision.

30. (1) Where, in accordance with the provisions of regula-
tion 28, the sentence of the Board in respect of any charge stands
postponed to a future meeting of the Board, the secretary, not less
than one week before the date fixed for such future meeting, shall,
in the manner prescribed in paragraph (4) of regulation 15, serve
on the defendant a notice specifying the date, time and place fixed
for the meeting of the Board and inviting her to appear at such
meeting.

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

31. (1) Evidence may be taken by the Board 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 11 of
the Ordinance may be in accordance with Form 4 in the Second
Schedule.





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

(4) The Board 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 Board through the
chairman, may put such questions to the parties or to any witness
as they may think expedient, or, at the request of the chairman,
the legal adviser to the Board may put such questions.

32. (1) In the taking of the votes of the Board on any
question to be determined by them, the chairman shall call upon
the members to signify their votes, and shall thereupon declare
the determination of the Board in respect of such question.

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

(3) No person other than members of the Board, the secretary
and the legal adviser to the Board shall be present when the Board
votes on any matter.

PART VI.
DUTIES OF LEGAL ADVISER.

33. The legal adviser to the Board shall be present at every
inquiry held by the Board under section 8 or 10 of the Ordinance
and no such inquiry shall be deemed valid if the legal adviser is
not present throughout the proceedings.

34. (1) When the legal adviser to the Board advises the
Board on any question of law or as to evidence, procedure or
any other matter, in any inquiry under section 8 or 10 of the
Ordinance, he shall do so in the presence of every party to the
proceedings or the person representing each such party or, if the
advice is tendered after the Board 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 Board does not accept the advice
of the legal adviser on any such question as aforesaid, every such
party or person shall be informed accordingly.

35. Without prejudice to anything contained in regulation 33
the legal adviser to the Board shall not be required to attend
meetings of the Board unless notified by the secretary in advance
of any meeting that his presence is likely to be specifically required
at such meeting.





FIRST SCHEDULE. [reg. 3.]

PARTICULARS TO BE ENTERED IN THE REGISTER.

Registration No. Name. Date of Registration.
Married/Single/Widow. Age. Address. Hospital, where trained.
Details of training:(a) General Nursing. (b) Registration with the
Nursing Board of Hong Kong. (c) Other Work. (d) Midwifery.
Name of Licensing Body, if by virtue of reciprocity. Certificate
of character by. Passport or Identification Certificate. Midwives
Board of Hong Kong Examination. Signature of Applicant.
Signature of secretary of Midwives Board of Hong Kong.

SECOND SCHEDULE.

FORM 1. [reg. 5.] L.N. 185/169.

CERTIFICATE OF REGISTRATION.

MIDWIVES BOARD

HONG KONG.

Number ...Date .............

We, the undersigned, hereby certify

that .....................
whose photograph is appended hereto is
a registered midwife in accordance with
the provisions of the Midwives Registra-
tion Ordinance (Chapter 162).


Photograph

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

Chairman,

Midwives Board of Hong Kong.

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

Secretary.





FORM 2.

MIDWIFE'S CASE REGISTER. [reg. 6.]







FORM 3. [reg. 15.]

MIDWIVES REGISTRATION ORDINANCE.
(Chapter 162).

MIDWIVES (REGISTRATION AND DISCIPLINARY
PROCEDURE)
REGULATIONS.

NOTICE OF INQUIRY.

Madam,

On behalf of the Midwives Board 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 unprofessional
conduct.
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 qualified 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 Midwives Board
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 Board should take any action

against you under subsection of section
of the Midwives Registration Ordinance.

You are hereby invited to answer in writing the above-mentioned charge(s)
and also to appear before the Board at the place and time specified above, for the
purpose of answering it/them. You may appear in person or by counsel or solicitor






or by a friend. The Board 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) before the hearing of the said
charge(s) by the Board should be addressed to the Secretary of the Board.

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 Board.





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

1 have the honour to be
Madam,

Your obedient servant.

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

Secretary of the Board.
Note:
(1) A complaint made against you to the Board or

Information received by the Board.

(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 4. [reg. 3 1.]
MIDWIVES REGISTRATION ORDINANCE.
(Chapter 162).
MIDWIVES (REGISTRATION AND DISCIPLINARY PROCEDURE)
REGULATIONS.
SUMMONS TO WITNESS.

In the matter of an Inquiry under section of the Midwives
Registration Ordinance:

And in the matter of (1) .................................................................. To (2)
................................................................................................

You are hereby summoned to appear before the Midwives Board 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

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

Secretary of the Board.
Note:

(1) Insert name of registered midwife 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.









THIRD SCHEDULE [regs. 5 & 10.]
FEES.
1. Registration fees-
(a) Payable on first registration

(i) by midwives train in the Colony $20.00
(ii) by midwives trained outside the Colony $35.00

(b) Payable on re-registration .. $10.00

2. Fee for certified copy of certificate of registration $ 5.00

3. Annual practising fee ...........................

.......$ 5.00

4..................................Entrance fee for examination $10.00





FOURTH SCHEDULE. [reg. 5.]

PRESCRIBED
INSTITUTIONS.

Adventist Sanatorium and Hospital
Alice Ho Miu Ling Nethersole Hospital
Baptist Hospital
Canossa Hospital
Caritas Medical Centre
Evangel Medical Centre
Hong Kong Central Hospital
Hong Kong Sanatorium and Hospital
Kwong Wah Hospital
Maryknoll Mission Hospital
Matilda & War Memorial Hospital
Pok Oi Hospital
Precious Blood Hospital
St. Paul's Hospital
St. Teresa's Hospital
Tung Wah Hospital
Tung Wah Eastern Hospital

United Christian Hospital
Yan Chai Hospital
G.N.A. 143/60. G.N.A. 113/61. L.N. 185/69. Citation. Interpretation. (Cap. 164.) Form of Register. First Schedule. Application for registration. (Cap. 161.) (Cap. 141.) Registration and practising fees and certificate of registration. Third Schedule. L.N. 185/69. Fourth Schedule. Second Schedule, Form 1. G.N.A. 113/61. Case register. Second Schedule, Form 2. Midwives' training schools. (G.N. 653/30.) Eligibility and admission to midwives' training schools. (Cap. 141.) Training of midwives. L.N. 185/69. L.N. 185/69. Examinations. (Cap. 161.) Third Schedule. L.N. 185/69. Preliminary Investigation Committee. L.N. 185/69. Submission or receipt of complaint or information. L.N. 185/69. Complaint or information touching conduct. L.N. 185/69. Reference of complaint or information to the Committee. L.N. 185/69. Consideration of complaint or information by the Committee. L.N. 185/69. Determination of Committee that no inquiry be held. L.N. 185/69. Determination of Committee that inquiry be held. Second Schedule, Form 3. Adjournment of inquiry. Referring back to Committee. Documents to be furnished to Board. Documents to be available to the parties. Notice to produce. Amendment of notice. Record of proceedings. 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. Notice of postponement of sentence. Evidence. Second Schedule, Form 4. Voting. Inquiry by the Board. Advice by legal adviser. Attendance of legal adviser at ordinary meetings of the Board. L.N. 185/69. (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 midwife was not qualified, at the time of her registration, to be registered). L.N. 185/69. G.N.A. 113/61. L.N. 185/69.

G.N.A. 143/60. G.N.A. 113/61. L.N. 185/69. Citation. Interpretation. (Cap. 164.) Form of Register. First Schedule. Application for registration. (Cap. 161.) (Cap. 141.) Registration and practising fees and certificate of registration. Third Schedule. L.N. 185/69. Fourth Schedule. Second Schedule, Form 1. G.N.A. 113/61. Case register. Second Schedule, Form 2. Midwives' training schools. (G.N. 653/30.) Eligibility and admission to midwives' training schools. (Cap. 141.) Training of midwives. L.N. 185/69. L.N. 185/69. Examinations. (Cap. 161.) Third Schedule. L.N. 185/69. Preliminary Investigation Committee. L.N. 185/69. Submission or receipt of complaint or information. L.N. 185/69. Complaint or information touching conduct. L.N. 185/69. Reference of complaint or information to the Committee. L.N. 185/69. Consideration of complaint or information by the Committee. L.N. 185/69. Determination of Committee that no inquiry be held. L.N. 185/69. Determination of Committee that inquiry be held. Second Schedule, Form 3. Adjournment of inquiry. Referring back to Committee. Documents to be furnished to Board. Documents to be available to the parties. Notice to produce. Amendment of notice. Record of proceedings. 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. Notice of postponement of sentence. Evidence. Second Schedule, Form 4. Voting. Inquiry by the Board. Advice by legal adviser. Attendance of legal adviser at ordinary meetings of the Board. L.N. 185/69. (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 midwife was not qualified, at the time of her registration, to be registered). L.N. 185/69. G.N.A. 113/61. L.N. 185/69.

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