Hong Kong Ordinances

CHINESE MEDICINE ORDINANCE - SECT 98

Disciplinary powers of Practitioners Board

(Past version on 12/07/2002).
(Past version on 16/08/2000).

(1) Where the Disciplinary Committee of Chinese Medicine  Practitioners
considers that the conduct of a registered Chinese medicine  practitioner
should be inquired into as a result of a complaint being made to it or
otherwise, the Disciplinary Committee of Chinese Medicine  Practitioners shall
refer the case to the Practitioners Board.

(2) Where the Practitioners Board is satisfied, after due inquiry into the
case referred to it under subsection (1), that the registered 
Chinese medicine practitioner-

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

   (b)  is guilty in Hong Kong or elsewhere of misconduct in any professional
        respect; (Amended 9 of 2002 s. 7)

   (c)  has obtained registration by fraud or misrepresentation;

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

   (e)  has breached a condition or conditions imposed by the
        Practitioners Board on his practice of Chinese medicine;

   (f)  has failed to disclose a conviction in Hong Kong or elsewhere of an
        offence punishable with imprisonment to the Registrar in accordance
        with section 79(a); or

   (g)  has failed to disclose a record of misconduct in any professional
        respect to the Registrar in accordance with section 79(b), the
        Practitioners Board may take any of the steps in subsection (3).

(3) The Practitioners Board may, in its discretion-

   (a)  order that the name of the registered Chinese medicine  practitioner
        be removed from the Register;

   (b)  order that the name of the registered Chinese medicine  practitioner
        be removed from the Register for such period as it may think fit and
        that the name be subsequently restored to the Register upon the expiry
        of such period;

   (c)  make any such order as in paragraph (a) or (b) but suspend its
        application, subject to such conditions as it thinks fit, for a
        period, or periods in aggregate, not exceeding 3 years;

   (d)  order that the registered Chinese medicine practitioner be
        reprimanded;

   (e)  make any such order as in paragraph (a) or (b) and further order that
        such order takes effect upon its publication in the Gazette if the
        Practitioners Board is satisfied that it is necessary for the
        protection of the public to do so; or

   (f)  order that a warning letter be served on the registered Chinese 
        medicine practitioner.

(4) Where an order is made under subsection (3), the Practitioners  Board may,
in any case, make such order as it thinks fit with regard to the payment of
costs of the Registrar, any complainant or any person presenting the case to
the Practitioners Board and the registered Chinese  medicine practitioner and
any costs awarded may be recovered summarily as a civil debt in accordance
with the provision of section 67 of the Magistrates Ordinance ( Cap 227).

(5) Except for an order made under subsection (3)(e), the Registrar shall not
remove the name of the registered Chinese medicine practitioner from the
Register-

   (a)  until after the expiry of the time within which an appeal may be
        lodged under section 103(1); or

   (b)  in the case of an appeal having in fact been lodged under
        section 103(1), until after the appeal is finally determined. (Amended
        10 of 2005 s. 122)

(6) Nothing in this section shall be deemed to require the Practitioners Board
to inquire into the question as to whether a
registered Chinese medicine practitioner was properly convicted when
considering a record of conviction of the Chinese medicine practitioner under
this section, but the Practitioners Board 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.

(7) In deciding whether the Practitioners Board should be recommended to hold
an inquiry under this section in respect of a case, the
Disciplinary Committee of Chinese Medicine Practitioners shall act in
accordance with the prescribed procedure for considering the case brought to
its attention.