Hong Kong Regulations

NURSES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS - REGULATION 15

Preliminary Investigation Committee

(Past version on 30/06/1997).

PART IV

PROCEEDINGS PRELIMINARY TO EXERCISE OF DISCIPLINARY POWERS BY THE COUNCIL
(L.N. 116 of 1999)

(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 Council elected by the Council, who shall be the
        chairman of the Committee; and

   (b)  two registered nurses who-

        (i)    are not members of the Council;

        (ii)   are ordinarily resident in Hong Kong;

        (iii)  are nominated by the Hong Kong Nurses Association ; and (iv)
               are appointed by the chairman. (5 of 1988 s. 6(1))

(2) Save as provided in paragraphs (3), (4), (5), (6) and (7), the members 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 Committee appointed
under sub-paragraph (b) of paragraph (1) becomes a member of the Council 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 Council may be elected by the Council or,
as the case may be, appointed by the chairman, to be temporarily a member of
the Committee. (5 of 1988 s. 6(1))

(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
Committee shall be a registered nurse who-

   (a)  is not a member of the Council;

   (b)  is ordinarily resident in Hong Kong;

   (c)  is nominated by the Hong Kong Nurses Association; and

   (d)  is appointed by the chairman. (5 of 1988 s. 6(1))

(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 Committee, but for no other purpose, until the Committee
has discharged its functions 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 Committee by notice in writing addressed to
the secretary or, as the case may be, the chairman, 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 Council or, as the case
may be, the chairman, 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. (5 of 1988 s. 6(1))

(9) No member of the Committee shall attend any meeting of the Council as a
member of the Council during the hearing or determination of any complaint or
information against any person which is referred to the Council 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. (L.N.
34 of 1970; L.N. 116 of 1999)