ENROLLED NURSES (ENROLMENT AND DISCIPLINARY PROCEDURE) REGULATIONS

ENROLLED NURSES (ENROLMENT AND DISCIPLINARY PROCEDURE) REGULATIONS

ENROLLED ASSISTANT NURSES (ENROLMENT AND DISCIPLINARY
PROCEDURE REGULATIONS.
ARRANGEMENT OF REGULATIONS.

Regulation................................... Page.
PART I.

GENERAL.

1. Citation ................................. ... ... ... ... ... ... B 3
2. interpretation............................ ... ... ... ... ... ... ... B 3

PART II.
ENROLMENT OF ASSISTANT NURSES.

3. Contents of roll....................... ... ... ... ... ... ... ... ... B 3

4. Application for enrolment ............. ... ... ... ... ... ... B 3
5. Form of certificate of enrolment ...... ... ... ... ... ... ... ... B 4

6. Fee for copy of certificate of enrolment ... ... ... ... ... ... B 4

7. Fee for restoration of name to the roll ... ... ... ... ... ... ... B 4

8. Notification of removal from or restoration of names to the roll ... B 4

PART III.
TRAINING OF ENROLLED ASSISTANT NuRsEs.

9. Training schools for enrolled assistant nurses ... ... ... ... ... B 5
10............................Minimum age for commencement of training . 1 . ... ... ... ... B 5

11.....................................Minimum educational standard for commencement of training ... B 5
12.....................................Minimum training qualifications for candidates for examinations ... B 5

13........................General provisions as to examinations ... ... ... ... ... ... ... B 5

14.....................Entrance fees for examinations ... ... ... ... ... ... ... ... B 6

PART IV.

PROCEEDINGS PRELIMINARY To ExERcisE OF
DLscipLiNARY PowFRs BY THE BOARD.

15.....................Preliminary Investigation Committee ... ... ... ... ... ... ... B 6

16..............................Submission or receipt of complaint or information ... ... ... ... B 8

17............................Complaint or information touching conduct ... ... ... ... ... B 8

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

20. Determination by Committee that no inquiry be held ... ... ... ... B 10





Regulation. Page.
21. Determination by Committee that inquiry be held ... ... ... ... ... B 10
22. Adjournment of inquiry ... ... ... ... ... ... ... ... ... ... ... B 10
23. Reference back to Committee ... ... ... ... ... ... ... ... ... ... B 10
24. Documents to be furnished to the Board ... ... ... ... ... ... ... B 10
25. Documents to be available to the parties ... ... ... ... ... ... ... Bil
26. Notice to produce ... ... ... ... ... ... ... ... ... ... ... ... Bil
27. Amendment of notice of inquiry ... ... ... ... ... ... ... ... ... Bil

PART Y.
PROCEEDINGS AT A HEARING OF THE BOARD.

28................Record of proceedings ..... ... ... ... ... ... ... ... ... ... Bil

29.............Opening of inquiry ........... ... ... ... ... ... ... ... ... ... Bil

30..................Objections on point of law ... ... ... ... ... ... ... ... ... B 12

31.............Order of procedure ........... ... ... ... ... ... ... ... ... ... B 12

32..................Postponement of judgment ... ... ... ... ... ... ... ... ... B 13

33......................Notice of determination of judgrnent ... ... ... ... ... ... ... B 13

34..................Postponement of sentence ... ... ... ... ... ... ... ... ... B 14
35..................Matters in mitigation of sentence ... ... ... ... ... ... ... ... B 14

36......................Notice of postponement of sentence ... ... ... ... ... ... ... B 14
37.........Evidence ......................... ... ... ... ... ... ... ... ... B is
38.........Voting ............................. ... ... ... ... ... ... ... Bis

PART VI.
DuTIEs OF LEGAL ADvisER.

39....................Attendance at disciplinary inquiries ... ... ... ... ... ... ... ... B15
40...........................Advice by legal adviser at disciplinary inquiries ... ... ... ... ... B is
41..................................Attendance of legal adviser at ordinary meetings of the Board ... ... B 16

First Schedule. Particulars to be entered in the roll ... ... ... ... ... ... B 16

Second Schedule. T~ fees ................... ... ... ... ... ... ... ... B 16

Third Schedule....Forms........................ ... ... ... ... ... ... ... ... B 16





ENROLLED ASSISTANT NURSES (ENROIA4ENT AND
DISCIPLINARY PROCEDURE) REGULATIONS.

(Cap. 164, section 27).

[1st May, 1970.]

PART I.

GENERAL.

1. These regulations may be cited as the Enrolled Ass~
Nurses (Enrolment 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 enrolled assistant
nurses.

PART II.

ENROLMENT OF ASSISTANT NuRsEs.

3. (1) The roll shall contain in respect of each enrolled
assistam nurse whose name is contained therein the particulars
specified in the First Schedule.

(2) The roll shall be divided into the following parts-
(a) Part I, which shall contain the names of all such enrolled
,assis~ nurses authorized by the provisions of the
Ordinance and these regulations to practise as an enrolled
assistant nurse in general nursing; and

(b) Part II, which shall contain the names of all such enrolled
-assistftm nurses authorized by the provisions of the
Ordinance and these regulations to practise as an enrolled
-Atsist~urse in the nursing and care of persons sulTering
from mental diseases.

4. (1) Every application for enrolment as an enrolled assist
ant nurse 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;
(y) hospital or training school where trained;
(vi) particulars of training;
(vii) date of previous application to the Board, if any;
and
(viii) the part or parts of the roll in respect of which
the application for enrolment is submitted; and
(b) be accompanied by-
(i) a testimonial as to character, preferably by a re-
sident of standing in the Colony;
(ii) a certificate or diploma issued by a training school;
(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 enrolment; and
(v) the certificate of a registered inedical 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 enrolment of any
name in the roll.

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

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

7. Where the name of any emolled assistant nurse is restored
to any part of the roll in accordance with the provisions of sub-
section (3) of section 21 of the Ordinance, there shall be paid to
the secretary the appropriate fee prescribed in the Second Schedule
as a condition precedent to the restoration to the roll of the name
of such enrolled assistant nurse.

8. In the event of the removal or restoration after removal
of the name of any enrolled assistant nurse from any part of the
roll in accordance 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, as the case may be, if the Board is aware
that such enrolled assistan nurse is or was enrolled in England
and Wales, Scotland or Northern Ireland in accordance with any
relevant legislation for the time being in force in the country in
question.

PART III.

TRAINING OF ENROLLED ASSISTANT NURSES.

9.(1) The Board may from time to time by notification in
the Gazette declare any establishment in the Colony to be a training
school for enrolled assistant nurses in respect of all or any part of
the training prescribed by these regulations.

(2) No course of training carried out in the Colony shall be
recognized by the Board for the purposes of the enrolment of any
enrolled assistant 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 regulations unless he has completed Form 111
or Middle III of a course of education conducted or approved by
the Director of Education.

12. No person shall be entitled to enter for any examination
required by these regulations unless he satisfies the Board that he
has undergone systematic instruction in each of the subject pre-
scribed for such examination and that he has completed or is due
to complete by the last day of the month in which such examination
is to be held, two years training in one or more appropriate training
schools.

13. (1) The Board shall cause such number of examinations
in nursing to be held each year as may appear to the Board ex-
pedient having regard to the number of pupils from time to time
studying nursing in the appropriate 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 which is 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 sub-
ject to such conditions as to training or instruction as the Board
may impose, no person who has failed to pass an examination re-
quired by these regulations may enter again for such examination
if a period exceeding one year has lapsed since the date upon which
he last failed to pass such examination.

(6) After the completion of any examination iequired 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 THE BOARD.

15. (1) For the purpose of performing the functions con-
ferred 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 chiarman of the Committee; and
(b)one registered nurse and one enrolled assistant nurse
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) and (5) the mem-
bers of the Committee shall hold office for 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 Com-
mittee appointed under sub-paragraph (b) of paragraph (1) becomes
a member of the Board he shall cease to be a member of the Com-
mittee.

(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 maybe elected by the Board or, as the case may be, appointed
by the Dirctor, 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 Com-
mittee 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 Committee shall be
a registered nurse or an enrolled assistant 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 para-
graph (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 peison 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 con-
sideration of such complaint or information by the Committee, but
for no other purpose, until the Committee has discharged its func-
tions in respect of such complaint or information.

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

(9) No member of the Committee shall attend any meeting of
the Board as a member of the Board during the hearing or deter-
mination 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 an enrolled assistant 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 enrolment by fraud or misrepresentation; or
(d) was not at time of his enrolment entitled to be enrolled,

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 an enrolled
assistant 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 there-
of and, except where the complaint or information is in writing
under the hand of a public officer, supported by one or more statu-
tory 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 com-
plaint 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 fur-
nished 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 informa-
tion is considered by the Committee, the secretary shall put before
the Committee the complaint or information, any statutory declara-
tion 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 para-
graph (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. 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 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 him at the address shown on the
register oi at his 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 such notice to any com-
plainant.

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 Com-
mittee 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 there-
for, if any, shall send for the purposes of the inquiry to the de-
fendant or to such complainant, as the case may be, copies of any
document submitted to him by the other party to the proceedings.

26. Any partyto 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 defec-
tive 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 OF THE 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
opening 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 de-
fendant, 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 per-
mitted 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
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 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 de-
fendant 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
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, 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
meeting 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 the circum-
stances leading to the commission of the offence and to any
previou~ 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
representative, the announcement of the decision of the Board,
the secretary, in the manner prescribed in paragraph (4) of regula-
tion 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
question, 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
inquiry to give evidence or to produce any document or other
thing in his possession or control in accordance with the provi-
sions 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 15 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 coui se of any inquiry held by the Board under section 15
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 afore-
said 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 SCH ULE. [reg. 3.]
PARTICULARS TO BE ENTERED IN THE ROLL.
(a) Enrolment number in the roll.
(b) Full name including in the case of a married woman her maiden name.
(e) Address at which notices from the Board may be served.
(d) Date of enrolment.
(e) Particulars of training and qualifications.

SECOND SCHEDULE. [regs. 4, 6, 7 & 14.]
TABLE OF FEES.
1.For enrolment in any part o the roll-
(a) Person qualified in Hong Kong .......... 30.00
(b) Person qualified elsewhere .......... 40.00
2,.................................For certified copy of certificate of enrolment or certificate
verifying enrolment.................................... 3.00
3. For restoration of any part of the roll
4. Entrance fees for examination-
(a) Any examination....................................................... 30.00
(b) Any re-examination........................... .................. 30.00

THIRD SCHEDULE.
FORM 1. [reg. 5.]
Certificate of Enrolment.

NURSING BOARD OF HONG KONG.
NURSES REGISTRATION ORDINANCE.
(Chapter 164).
Enrolment No . .......Date
1 hereby certify that .....................................................................
was admitted by examination on .........................................................
to the .....Part of the Roll maintained by the Nursing Board





of hong Kong and she/he is entitled in pursuance of the Nurses Registra-
tion Ordinance to take and use the title of 'Enrolled Assistant Nurse'.

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

FORm 2. [reg. 21.]

NURSES REGISTRATION ORDINANCE.
(Chapter 164).

ENROLLED ASSISTANT NURSES (ENROLMENT AND DISCIPLINARY

PROCEDURE) REGULATIONS.

Notice of Inquiry.
Sir/Madam,

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
......................... ..... 19
at(2) ...................................................................................................
convicted Of(3) ....................................................................................
or
That you(4) .................................................................................
and that in relation to the facts alleged you have been guilty of Un-
professional conduct.

or
That you(4) .................................................................................
and that in relation to the facts alleged you obtained enrolment by fraud
or misrepresentation.

or
That you(4) .................................................................................
and that in relation to the facts alleged you were not at the time of your
enrolment qualified to be enrolled.

(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 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
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 he considered by the Chairman of the Board.

A copy of the Enrolled Assistant Nurses (Enrolment and Disciplinary
Procedure) Regulations is sent herewith for your information.

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

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

Note:

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 the case.
(4) Set out briefly the facts alleged.

FORM 3, [reg. 37.]

NURSES REGISTRATION ORDINANCE.
(Chapter 164).

ENROLLED ASSISTANT NURSES (ENROLMENT AND DiSCIPLINARY
PRocEDuRE) REGULATIONS.

Summons to Witness.

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

And in the matter of(l) ....................................................
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 enrolled assistant 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.
L.N. 59/70. Citation. Interpretation. Contents of roll. First Schedule. Application for enrolment. (Cap. 161.) (Cap. 141.) Second Schedule. Form of certificate of enrolment. Third Schedule, Form 1. Fee for copy of certificate of enrolment. Second Schedule. Fee for restoration of name of the roll. Second Schedule. Notification of removal from or restoration of names to the roll. Training schools for enrolled assistant nurses. Minimum age for commencement of training. Minimum educational standard for commencement of training. Minimum training qualifications for candidates for examinations. General provisions as to examinations. Extrance fees for examinations. Second Schedule. Preliminary Investigation Committee. Submission or receipt of complaint or information. Complaint or information touching conduct. Reference of the complaint or information to the Committee. Consideration of complaint or information by the Committee. 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. 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. (if the charge relates to conviction). (if the charge relates to conduct). (if the charge relates to obtaining enrolment by fraud or misrepresentation). (if the charge alleges that the enrolled assistant nurse was not qualified at the time of his enrolment, to be enrolled).

L.N. 59/70. Citation. Interpretation. Contents of roll. First Schedule. Application for enrolment. (Cap. 161.) (Cap. 141.) Second Schedule. Form of certificate of enrolment. Third Schedule, Form 1. Fee for copy of certificate of enrolment. Second Schedule. Fee for restoration of name of the roll. Second Schedule. Notification of removal from or restoration of names to the roll. Training schools for enrolled assistant nurses. Minimum age for commencement of training. Minimum educational standard for commencement of training. Minimum training qualifications for candidates for examinations. General provisions as to examinations. Extrance fees for examinations. Second Schedule. Preliminary Investigation Committee. Submission or receipt of complaint or information. Complaint or information touching conduct. Reference of the complaint or information to the Committee. Consideration of complaint or information by the Committee. 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. 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. (if the charge relates to conviction). (if the charge relates to conduct). (if the charge relates to obtaining enrolment by fraud or misrepresentation). (if the charge alleges that the enrolled assistant nurse was not qualified at the time of his enrolment, to be enrolled).

https://oelawhk.lib.hku.hk/items/show/2743

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