NURSES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS

NURSES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS

NURSES (REGISTRATION AND DISCIPLINARY
PROCEDURE) REGULATIONS.

ARRANGEMENT OF REGULATIONS.

Regulation


Page.

PART I.

GENERAL.

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

PART II.

REoisntATioN oF NuRsEs.

3..............Contents of register ..... ... ... ... ... ... ... ... ... ... ... A 3

4..................Application for registration ... ... ... ... ... ... ... ... ... A 3
5..................Form of certificate of registration ... ... ... ... ... ... ... ... A 4

6.........................Fee for copy of certificate of registration ... ... ... ... ... ... A4
7.........................Fee for restoration of name to the register ... ... ... ... ... ... A 5

8........................................Notification of removal from or restoration of names to the register A 5

PART III.

TRAINING oF NuRsEs.

9..................Training schools for nurses ... ... ... ... ... ... ... ... ... A 5

10...........................Minimum age for commencement of training ... ... ... ... ... A 5

11....................................Minimum educational standard for commencement of training ... A 5

12.............................Minimum training qualifications for exan-dnation ... ... ... ... A 5

13......................General provisions as to examinations ... ... ... ... ... ... ... A 6

14....................Entrance fees for examinations ... ... ... ... ... ... ... ... A 6

PART IV.

PROCEEDINGS PRELIMINARY TO EXERCISE OF DISCIPLINARY

PowERs BY THE BoARD.

15......................Preliminary Investigation Committee ... ... ... ... ... ... ... A7
16......................Submission of complaint or information ... ... ... ... ... ... A8
17......................Complaint or information touching conduct ... ... ... ... ... A 9

18..................................Reference of the complaint or information to the Committee ... ... A 9
19..................................Consideration of complaint or information by the Committee ... ... A10

20.............................Determination by Committee that no inquiry be held ... ... ... ... A10
21.............................Determination by Committee that inquiry be held ... ... ... ... A10

22................Adjournment of inquiry ... ... ... ... ... ... ... ... ... ... All





Regulation. Page.
23. Reference back to Committee ... ... ... ... ... ... ... ... ... ... All

24. Documents to be furnished to the Board ... ... ... ... ... ... ... All

25. Documents to be available to the parties ... ... ... ... ... ... ... All

26. Notice to produce ... ... ... ... ... ... ... ... ... ... ... ... All

27. Amendment of notice of inquiry ... ... ... ... ... ... ... ... ... All

PART V.
PROCEEDINGS AT A HEARING BY THE BOARD.
28. Record of proceedings ... ... ... ... ... ... ... ... ... ... ... A 12
29. Opening of inquiry ... ... ... ... ... ... ... ... ... ... ... ... A 12
30. Objections on point of law ... ... ... ... ... ... ... ... ... ... A 12
31. Order of procedure ... ... ... ... ... ... ... ... ... ... ... ... A 12
32. Postponement of judgment ... ... ... ... ... ... ... ... ... ... A 13
33. Notice of determination of judgment ... ... ... ... ... ... ... ... A 14
34. Postponement of sentence ... ... ... ... ... ... ... ... ... ... A 14
35. Matters in mitigation of sentence ... ... ... ... ... ... ... ... ... A 14
36. Notice of postponement of sentence ... ... ... ... ... ... ... ... A15
37. Evidence ... ... ... ... ... ... ... ... ... ... ... ... ... ... A15
38. Voting ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 15

PART VI.

DUTIES OF LEGAL ADVISER.

39.......................Attendance at disciplinary inquiries ... ... ... ... ... ... ... A 16

40...........................Advice by legal adviser at disciplinary inquiries ... ... ... ... ... A 16

41..................................Attendance of legal adviser at ordinary meetings of the Board ... ... A 16

First Schedule. Particulars to be entered in the register ... ... ... ... ... A 16

Second Schedule. S ......................... ... ... ... ... A 17

Third Schedule....Forms........................ ... ... ... ... ... ... ... ... A 17





NURSES (REGISTRATION AND DISCIPLINARY
PROCEDURE) REGULATIONS.

(Cap. 164, section 27).

[7th July, 1961.]

PART I.

GENERAL.

1. These regulations may be cited as the Nurses (Registra-
tion and Disciplinary Procedure) Regulations.

2. In these regulations, unless the context otherwise
requires-
'Committee' means the Preliminary Investigation Committee
referred to in regulation 15;
'defendant' means the person to be charged at a disciplinary
inquiry held in accordance with these regulations;

'training school' means an establishment declared in accordance
with regulation 9 to be a training school for nurses.

PART II.

REGISTRATION OF NURSES.

3. (1) The register shall contain in respect of each nurse
whose name is registered therein the particulars specified in the
First Schedule.

(2) The register shall be divided into the following parts-
(a)Part 1, which shall contain the names of all such nurses
as are authorized by the provisions of the Ordinance and
these regulations to practise general nursing;
(b)Part 1I, which shall contain the names of all such nurses
as are specially qualified in the nursing and care of
persons suffering from mental diseases;
(c)Part III, which shall contain the names of all such nurses
as are specially qualified in the nursing and care of the
mentally subnormal; and
(d)Part IV, which shall contain the names of all such nurses
as are specially qualified in the nursing and care of sick
children.

4. (1) Every application for registration as a nurse shall
be submitted in writing to the secretary and shall-





(a) contain the following particulars-
name;

age;
(iii) address;
(iv) whether married or single;
(v) hospital or training school where trained;
(vi) particulars of training;
(vii) dates of previous applications to the Board, if
any; and
(viii) the part or parts of the register in respect of
which the application for registration is submitted; and

(b) be accompanied by-
(i) a testimonial a to c racter preferably by a
resident of standing in the Colony,
IG (ii) a certificate or diploma issued by a training school
or, in the case of a person claiming qualification for
registration under paragraph (d), (e), (f) or (g) of
subsection (1) of section 8 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; and
(v) the certificate of a registered medical practitioner,
within the meaning of the Medical Registration Ordin-
ance, certifying that the applicant is not suffering from
any infectious disease, within the meaning of the Quaran-
tine and Prevention of Disease Ordinance, such as to
render him unfit, in such practitioner's opinion, to attend
the sick.

(2) Payment of the appropriate fee prescribed in the Second
Schedule shall be a condition precedent to the registration of any
name in the register.

5. The certificate of registration shall be in accordance with
Form 1 in the Third Schedule.

6. The fee payable upon issue of a certified copy of any
certificate of registration or of any certificate verifying such regis-
tration shall be the appropriate fee prescribed in the Second
Schedule.





7. Where the name of any nurse is restored to any part of
the register in accordance with the provisions of subsection (3) of
section 21 of the Ordinance, there shall be paid to the secretary
the appropriate fee prescribed in the Second Schedule as a condi-
tion precedent to the restoration to the register of the name of such
nurse.

8. In the event of the removal or restoration after removal
of the name of any nurse from any part of the register in accord-
ance with section 17 of the Ordinance, notification of the fact shall
forthwith be sent by the Director to the General Nursing Council
for England and Wales, or to the General Nursing Council for
Scotland, or to the Joint Nursing and Midwives Council for
Northern Ireland, or to the An Bord Altranais, Ireland, as the
case may be, if the Board is aware that such nurse is or was
registered in England and Wales, Scotland, Northern Ireland or
Eire in accordance with any relevant legislation for the time being
in force in the country in question.

PART III.

TRAINING OF NURSES.

9. (1) The Board may from tuine to by notification
in the Gazette declare any establishment in the Colony to be a

training school for nurses in respect of all or any part of the train-
ing prescribed by these regulations.

(2) No course of training carried out in the Colony shall be
recognized by the Board for the purpose of the registration of any
nurse unless such course has been carried out in one or more of
the training schools.

10. No person shall be eligible to commence any course of
training under these regulations unless he has attained the age of
eighteen years.

11. No person shall be eligible to commence any course of
training under these regulation unless he possess a Hong Kong School
Certificate or equivalent academic qualifications with grades or
credits in such subject as the Board may, from time to time, specify.

12. No person shall be entitled to enter for any examination
under these regulations unless he satisfies the Board-

(a)that he has undergone systematic instruction in each of
the subjects prescribed for such examination; and





(b)that he has completed, or is due to complete by the last
day of the month in which such examination is to be
held, a period of three years in the appropriate training
school:

Provided that this period may be reduced-

(i) by at least one year in the case of a person whose
name is already registered in some other part of the
register; and
(ii) by six months in the case of a person whose

name is entered in the roll of assistant nurses maintained
in accordance with section 11 of the Ordinance.

13. (1) The Board shall cause such number of examinations
in nursing to be held each year as may appear to the Board
expedient having regard to the number of students from time to
time studying nursing in the training schools.

(2) The examinations may be written, oral or practical
and shall be conducted by examiners appointed by the Board and
shall be based upon such syllabus as the Board may from time
to time determine.

(3) Any person who has, on two occasions, failed to pass
an examination required by these regulations shall not be entitled
to enter again for that examination unless he has undergone a period
of additional training and instruction being not less than six
months at a training school approved by the Board for that
branch of nursing in which he has applied to be examined.

(4) Any person who has on three occasions failed to pass an
examination required by these regulations shall not, without
the special permission of the Board, be entitled to sit again
for that examination.

(5) Except with the special permission of the Board and
subject to such conditions as to training or instruction as the Board
may impose, no person who has failed to pass an examination
required by these regulations may enter again for such examination
if a period exceeding one year has elapsed since the date upon which
he last failed to pass such examination.

(6) After the completion of any examination required by
these regulations the Board shall cause each candidate therefor
to be informed of his results.

14. As a condition of entry to any examination there shall
be paid to the secretary the appropriate fee prescribed in the
Second Schedule.





PART IV.

PROCEEDINGS PRELIMINARY TO EXERCISE OF
DISCIPLINARY POWERS BY TIM BOARD.

15. (1) For the purpose of performing the functions conferred
upon it by these regulations, there shall be established a committee
to be known as the Preliminary Investigation Committee consisting
of-
(a)one member of the Board elected by the Board, who shall
be the chairman of the Committee; and
(b) two registered nurses who-
(i) are not members of the Board;
(ii) are ordinarily resident in Hong Kong;
(iii) are nominated by the Hong Kong Nurses Associa-
tion; and
(iv) are appointed by the Director.

(2) Save as provided in paragraphs (3), (4), (5), (6) and (7),
the members of the Committee shall hold office fol twelve months
from the date of election or appointment, as the case may be, 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 sub-paragraph (b) of paragraph (1) becomes a
member of the Board he shall cease to be a member of the
Committee.
(4) 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 member of the
Board may be elected by the Board or, as the case may be, appointed
by the Director, to be temporarily a member of the Committee.

(5) If the person who is unable temporarily to exercise his
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,
during the period of his membership of the Committee, be chairman
of the Committee.
(6) If the person who is unable temporarily to exercise his
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 ConInfittee shall be
a registered nurse who-
(a) is not a member of the Board;
(b) is ordinarily resident in Hong Kong;
(c) is nominated by the Hong Kong Nurses Association; and
(d) is appointed by the Director.






(7) 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
(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), (5) or (6) 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 Com-
mittee, but for no other purpose, until the Committee has
discharged its functions in respect of such complaint or in-
formation.

(8) 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 any time such notice is
given the Committee is considering any complaint or information
the person so resigning shall, if required by the Board or, as the
case may be, the Director, continue to be a member of the
Committee for the purposes of the consideration of such complaint
or information but for no other purpose, until the Committee has
discharged its functions in respect of the complaint or information.

(9) 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.

(10) 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.

16. Where a complaint is made to or information is received
by the secretary that a registered nurse-

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

(b) has been guilty of unprofessional conduct;

(c)has obtained registration by fraud or misrepresentation;
or





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

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

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

18. (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 paragraph (1) of regulation 17;
(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.





19. (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 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.

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

21. (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 2 in the Third 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.

(2) Every notice of inquiry shall-

(a)specify, in the form of one or more charges, the matteis
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 him at the address shown on the
register or at his last address known to the secretary if different
therefrom.





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

22. 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.

23. (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 ought
not to 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 the defendant and to any
complainant.

24. The defendant and any complainant shall furnish to the
secretary, not later 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 such
inquiry.

25. The secretary, at the request of the defendant, or of any
complainant, and upon payment of his reasonable charges therefor,
if any, shall send for the purposes of the inquiry to the defendant
or to such complainant, as the case may be, copies of any docu-
ment submitted to him by the other party to the proceedings.

Any party to an inquiry may at any time after service
of notice of the inquiry give to any other party thereto notice to
produce any document alleged to be in the possession of that party
and relevant to the subject matter of the inquiry and, on failure to
produce such document, may prove the contents thereof by other
evidence given at the inquiry.

27. (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 he may consider necessary to meet
the circumstances of the case unless, having regard to the circum-
stances, 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 of such
amendment 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 BY um BOARD.

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

(2) If a verbatim record of any proceedings has been pre-
pared, the secretary, on application made to him by any party to
such proceedings and upon 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.

29. (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 upon the defendant in accordance with the provisions of
paragraph (4) of regulation 21 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 him that
he may cross-examine witnesses, give evidence and call witnesses
on his own behalf and address the Board subject to the provisions
of regulations 30 and 31.

30. (1) After the reading of the notice of inquiry, the
defendant, or his representative, may object to any charge on a
point of law and, upon such objection, any other party to the
proceedings may reply thereto and, if any such party replies to
such objection, the defendant, or his 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.

31. The following order of procedure shall be observed-

(a)the complainant, or his representative, or in their absence,
or if there be 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 carry out the duties of the secretary in
respect of that inquiry in the absence of a complainant or
his representative;
(b)at the conclusion of the presentation of the case against
the defendant, the defendant or his representative may
make either or both of the following submissions in rela-
tion 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 representative or, in their absence, by the secretary;
and the defendant may make answer to such reply;
(d)where a submission is made under paragraph (b), the
Board shall consider and determine whether the submis-
sion 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 defend-
ant is not guilty of that charge, and
(iii) if the Board rejects the submission the chairman
shall call upon the defendant to state his case;
(e)the defendant, or his representative, may then adduce
evidence in support of his case and may address the
Board:
Provided that, except with the 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 for the defendant, the com-
plainant or his representative or, in their absence, the
secretary, may address the Board in reply but only if
evidence by or on behalf of the defendant, other than
the defendant's own evidence, has been adduced; or with
the leave of the Board.

32. (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 determine, 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 may approve.

33. (1) Where, under the provisions of paragraph (2) of
regulation 32, the judgment of the Board in respect of any charge
stands postponed to a future meeting of the Board, the secretary,
not less than seven days before the date fixed for such future meet-
ing, shall, in the manner prescribed in paragraph (4) of regulation
21, serve on the defendant a notice specifying the date, time and
place fixed for the meeting of the Board and inviting him 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 consider and determine its judgment and
the chairman shall announce the decision of the Board in such
terms as the Board may approve.

34. (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 upon 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.

35. (1) At any meeting of the Board at which sentence on
a defendant is to be decided, before the Board shall decide such
sentence-

(a) the secretary or other person presenting the case to the
Board may produce to the Board the records of any meet-
ing of the Board at which an order was made against the
defendant pursuant to section 17 of the Ordinance; and

(b) the chairman shall ask the defendant whether he wishes
to address the Board in respect of such order.

(2) At any such meeting of the Board the defendant, in person
or by his solicitor or counsel, may address the Board by way of
mitigation and may adduce evidence as to circumstances leading to





the commission of offence and to any previous offences and as to
the character and antecedents of the'defendant.

(3) 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.

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

36. (1) Where, in accordance with the provisions of regula-
tion 34, the sentence of the Board in respect of any charge stands
postponed to a future meeting of the Board, the secretary, not less
than seven days before the date fixed for such future meeting, shall,
in the manner prescribed in paragraph (4) of regulation 21, serve
on the defendant a notice specifying the date, time and place fixed
for the meeting of the Board and inviting him to appear at such
meeting.

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

37. (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 in-
quiry to give evidence or to produce any document or other thing
in his possession or control in accordance with the provisions of
section 18 of the Ordinance may be in accordance with Form 3 in
the Third Schedule.

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

(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 may put such questions.

38. (1) In the taking of the votes of the members of the
Board on any question to be determined by the Board, the chair-
man 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 a member of the Board, the secretary
and the legal adviser shall be present when the members of the
Board vote on any matter.

PART VI.

DuTiEs OF LEGAL ADVISER.

39. The legal adviser shall be present at every inquiry held
by the Board under section 9 or 17 of the Ordinance and no such
inquiry shall be deemed valid if the legal adviser is not present
throughout the proceedings.

40. (1) When the legal adviser advises the Board on any
question of law or as to evidence, procedure or any other matter
in the course of any inquiry held by the Board under section 9 or
17 of the Ordinance he shall do so in the presence of every party
to the proceedings or the representative of any 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 either verbally or in writing of the advice which the legal
adviser has tendered.

(2) In any case where the Board does not accept the advice
given by the legal adviser on any such question aforesaid, every
such party or person shall be informed accordingly.

41. Without prejudice to anything contained in regulation 39,
the legal adviser 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 thereat.

FIRST SCBEDULE. [reg. 3.1

PARTICULARS TO BE ENTERED IN THE REGISTER.

(a) Registered number in the register.

(b)Full name including in the case of a married woman her maiden
name.

(c) Address at whichnotices from the Board may be served.

(d) Date of registration.

(e) Particulars of training and qualifications.





SECond SCHEDULE. [regs. 4, 6, 7 & 14.]

TABLE OF FEEs.

1. For registration in any part of the register-
(a) Person qualified in Hong Kong .......... 50.00
(b) Person qualified elsewhere ..... 65.00

2. For certified copy of certificate of registration or certificate
verifying registration ...................................................... 5.00

3.For restoration of name to any part of the register .......... 10.00

4. Entrance fees for examination-
(a)...........Any examination ............................................... 50.00
(b)...........Any re-examination ............................................. 50.00

THIRD SCHEDULE.

FORM 1. [reg. 5.]

Certificate of Registration.


NURSES BOARD OF HONG KONG.

NURSES REGISTRATION ORDINANCE.
(Chapter 164).

Reg. No . .........Date

I hereby certify that .....................................................................
was admitted by examination on ...................................................
to the ....Part of the Register maintained by the Nursing Board
of Hong Kong and shelhe is entitled in pursuance of the Nurses Registra-
tion Ordinance to take and use the title of 'Registered Nurse'.

Photo.

.....................
Chairman of the Board.





FoRm 2. [reg. 21.]

NuRsEs REGisTRATioN ORDINANCE.
(Chapter 164).

NuRsEs (REGISTRATION AND DISCIPLINARY PROCEMIRE) REGULATIoNs.
Notice ofInquiry.

Sir/Madarn.

On behalf of the Nursing Board of Hong Kong notice is hereby given
to you in consequence of (1) ..................................................................
that an inquiry is to be held into the following charge(s) against you-

That you were on the .day of .......1
19 at (2)
convicted of (3) ....................................................................................

or

That you (4) .................................................................................
and that in relation to the facts alleged you have been guilty of unprofes-
sional 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 (day of the week) the ........................
day of .........19 .........a meeting of the Nursing 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 Nursing Board of Hong Kong
should take any action against you under subsection of section
.....................of the Nurses 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 you may be represented 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 post-
poned, 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 Nurses (Registration and Disciplinary Procedure) Regula-
tions is sent herewith for your information.

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

.............................................
Secretary of the BoNote: (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 suflIcient detail to identify the case.
(4) Set out briefly the facts alleged.

FoRm 3. [reg. 37.1

NURSES REGISTRATION ORDINANCE.
(Chapter 164).

NURSES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS.

Summons to Witness.

In the matter of an Inquiry under section of the Nurses
Registration Ordinance.

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

You are hereby summoned to appear before the Nursing 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---
19

.............. ....... . .. ....
Secretary of the Board.

Note: (1) Insert name of registered nurse 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.
G.N.A. 75/61. L.N. 139/67. L.N. 34/70. Citation. Interpretation. Contents of register. First Schedule. L.N. 34/70. Application for registration. (Cap. 161.) (Cap. 141.) Second Schedule. Form of certificate of registration. Third Schedule, Form 1. Fee for copy of certificate of registration. Second Schedule. Fee for restoration of name to the register. Second Schedule. Notification of removal from or restoration of names to the register. Training schools for nurses. Minimum age for commencement of training. Minimum educational standard for commencement of training. L.N. 34/70. Minimum training qualifications for examination. L.N. 34/70. General provisions as to examinations. L.N. 34/70. Entrance fees for examinations. Second Schedule. Preliminary Investigation Committee. L.N. 34/70. Submission of complaint or information. L.N. 34/70. Complaint or information touching conduct. L.N. 34/70. Reference of the complaint or information to the Committee. L.N. 34/70. Consideration of complaint or information by the Committee. L.N. 34/70. Determination by Committee that no inquiry be held. Determination by Committee that inquiry be held. Third Schedule, Form 2. Adjournment of inquiry. Reference back to Committee. Documents to be furnished to the Board. Documents to be available to the parties. Notice to produce. Amendment of notice of inquiry. 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. Matters in mitigation of sentence. L.N. 34/70. Notice of postponement of sentence. Evidence. Third Schedule, Form 3. Voting. Attendance at disciplinary inquiries. Advice by legal adviser at disciplinary inquiries. Attendance of legal adviser at ordinary meetings of the Board. L.N. 34/70. (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 nurse was not qualified, at the time of his registration, to be registered).

G.N.A. 75/61. L.N. 139/67. L.N. 34/70. Citation. Interpretation. Contents of register. First Schedule. L.N. 34/70. Application for registration. (Cap. 161.) (Cap. 141.) Second Schedule. Form of certificate of registration. Third Schedule, Form 1. Fee for copy of certificate of registration. Second Schedule. Fee for restoration of name to the register. Second Schedule. Notification of removal from or restoration of names to the register. Training schools for nurses. Minimum age for commencement of training. Minimum educational standard for commencement of training. L.N. 34/70. Minimum training qualifications for examination. L.N. 34/70. General provisions as to examinations. L.N. 34/70. Entrance fees for examinations. Second Schedule. Preliminary Investigation Committee. L.N. 34/70. Submission of complaint or information. L.N. 34/70. Complaint or information touching conduct. L.N. 34/70. Reference of the complaint or information to the Committee. L.N. 34/70. Consideration of complaint or information by the Committee. L.N. 34/70. Determination by Committee that no inquiry be held. Determination by Committee that inquiry be held. Third Schedule, Form 2. Adjournment of inquiry. Reference back to Committee. Documents to be furnished to the Board. Documents to be available to the parties. Notice to produce. Amendment of notice of inquiry. 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. Matters in mitigation of sentence. L.N. 34/70. Notice of postponement of sentence. Evidence. Third Schedule, Form 3. Voting. Attendance at disciplinary inquiries. Advice by legal adviser at disciplinary inquiries. Attendance of legal adviser at ordinary meetings of the Board. L.N. 34/70. (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 nurse was not qualified, at the time of his registration, to be registered).

https://oelawhk.lib.hku.hk/items/show/2742

1964

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