Hong Kong Ordinances

MEDICAL REGISTRATION ORDINANCE - SECT 21

Disciplinary powers of Council

(Past version on 30/06/1997).



"due inquiry" (適當的研訊) PART IV

INQUIRIES, DISCIPLINARY PROCEEDINGS, AND OFFENCES (Amended 7 of 1996 s. 25)

(1) If, after due inquiry into any case referred to it by the
Preliminary Investigation Committee, the Health Committee or the Education 
and Accreditation Committee in accordance with regulations made under
section 33, the Council is satisfied that any registered medical 
practitioner-

   (a)  has been convicted in Hong Kong or elsewhere of any offence punishable
        with imprisonment; (Amended 25 of 1984 s. 10)

   (b)  has been guilty of misconduct in any professional respect; (Amended 33
        of 1971 s. 2)

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

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

   (e)  has breached a condition previously imposed under paragraph

        (iv)   ; (Added 7 of 1996 s. 26)

   (f)  is physically or mentally unfit to practise medicine, surgery or
        midwifery; or (Added 7 of 1996 s. 26)

   (g)  where applicable, has procured his name to be included in the
        Specialist Register by fraud or misrepresentation, (Added 7 of 1996 s.
        26) the Council may, in its discretion-

        (i)    order the name of the registered medical practitioner to be
               removed from the General Register; or (Amended 7 of 1996 s. 26)

        (ii)   order the name of the registered medical practitioner to be
               removed from the General Register for such period as it may
               think fit; or (Amended 7 of 1996 s. 26)

        (iii)  order the registered medical practitioner to be reprimanded; or

(iiia) order that the name of the registered medical practitioner be removed
from the Specialist Register; or (Added 7 of 1996 s. 26)

(iiib) order that the name of the registered medical practitioner be removed
from the Specialist Register for such period as it may think fit; or (Added 7
of 1996 s. 26)

        (iv)   make any such order as aforesaid but suspend the application
               thereof, subject to such conditions as the Council may think
               it, for a period, or periods in the aggregate, not exceeding 3
               years; or (Replaced 12 of 1962 s. 3.)

(iva) make any such order as aforesaid (except an order under paragraph (iv))
and further order that such order take effect upon its publication in the
Gazette if the Council is satisfied that it is necessary to do so for the
protection of the public or in the best interest of the
registered medical practitioner; or (Added 7 of 1996 s. 26)

(ivb) refer the case to the Health Committee; or (Added 7 of 1996 s. 26)

        (v)    order that a warning letter be served on the
               registered medical  practitioner; (Added 39 of 1974 s. 2) and
               may, in any case, make such order as the Council thinks fit
               with regard to the payment of the costs of the Registrar, the
               Secretary, any complainant or any person presenting the case to
               the Council or of the registered medical practitioner, and any
               costs awarded may be recovered summarily as a civil debt in
               accordance with the provisions of section 67 of the
               Magistrates Ordinance ( Cap 227). (Amended 30 of 1966 s. 4; 95
               of 1970 s. 4; 7 of 1996 s. 26)

(2) For the purpose of subsection (1)-

"due inquiry" (適當的研訊) means an inquiry by the Council conducted
substantially in accordance with procedure prescribed by regulations made
under section 33.

(2A) At any stage of an inquiry under this section, the Council may refer a
matter relevant to the case under inquiry to the Ethics Committee for its
consideration and recommendation. (Added 7 of 1996 s. 26)

(3) Nothing in this section shall be deemed to require the Council to inquire
into the question whether the registered medical practitioner was properly
convicted but the Council may consider any record of the case in which such
conviction was recorded and any other evidence which may be available and is
relevant as showing the nature and gravity of the offence.

(4) In any inquiry under this section whether a person has been guilty of
misconduct in any professional respect, any finding of fact which is shown to
have been made in any matrimonial proceedings in a court of the Commonwealth
having unlimited jurisdiction in civil matters, or on appeal from a decision
in such proceedings, shall be conclusive evidence of the fact found. (Amended
33 of 1971 s. 2) [cf. 1956 c. 76 s. 33(2) U.K.]

(4A) A member of the Preliminary Investigation Committee who is also a member
of the Council shall not attend a meeting of the Council whilst it is
inquiring under this section into a complaint or information, in the
preliminary investigation of which he took part. (Added 7 of 1996 s. 26)

(4B) Within 14 days after the conclusion of an inquiry under this section, the
Council may, of its own initiative but not otherwise, review any decision or
order made in the inquiry. (Added 7 of 1996 s. 26)

(4C) For the purpose of a review under subsection (4B), the Council may invite
the parties to the inquiry and such other persons who have appeared before the
Council in the inquiry to appear again before the Council, by themselves or by
their counsel or solicitors. (Added 7 of 1996 s. 26)

(4D) On a review by the Council under this section, the Council may affirm,
vary or revoke any decision or order made in the inquiry. (Added 7 of 1996 s.
26)

(5) Where an order under subsection (1) is made without an order under
subsection (1)(iva) being made at the same time, within 1 month after the
expiry of the time within which an appeal against an order under subsection
(1) may be made to the Court of Appeal under section 26 or, if such an appeal
has been made, within 1 month after the appeal is finally determined, the
Council- (Amended 10 of 2005 s. 62)

   (a)  shall, in the case of an order made under subsection (1)(i),

        (ii)   , (iii), (iiia), (iiib) or (iv), publish the order or, if the
               order is varied on appeal, the order as so varied in the
               Gazette; and (Amended 10 of 2005 s. 62)

   (b)  may, in the case of an order made under subsection (1)(v), publish the
        order in the Gazette. (Replaced 39 of 1974 s. 2. Amended 76 of 1996 s.
        26)

(5A) Where an order under subsection (1)(iva) is made at the same time as any
order under subsection (1)(i), (ii), (iii), (iiia), (iiib) or

        (iv)   is made, the Council shall, as soon as possible, publish the
               orders in the Gazette. (Added 7 of 1996 s. 26. Amended 7 of
               1996 s. 26)

(6) Where any order is published in the Gazette under subsection

(5) or (5A), the Council- (Amended 7 of 1996 s. 26)

   (a)  shall publish with such order sufficient particulars to acquaint the
        public with the nature of the matter to which the order relates; and

   (b)  may publish with such order an account of the proceedings at the
        inquiry at which the order was made. (Added 39 of 1974 s. 2)