Hong Kong Regulations

OPTOMETRISTS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATION - SCHEDULE 5

PRELIMINARY INVESTIGATION COMMITTEE

[section 17]

1. Member ceasing to be member on becoming member of Board

A member of the Committee who during the period of his office becomes a member
of the Board shall cease to be a member of the Committee.

2. Appointment of acting Chairman

If the Chairman of the Committee is or will be unable temporarily to exercise
his functions another member of the Board may be nominated by the Board and
appointed by the Chairman of the Board to act during the period of his
appointment, as Chairman of the Committee.

3. Appointment of acting member

If a member of the Committee is or will be unable temporarily to exercise his
functions as a member of the Committee a person satisfying the same criteria
as applied to the appointment of that member may be nominated by the Hong Kong
Optometric Association or the Hong Kong Society of Professional Optometrists
as the case requires, and appointed by the Chairman of the Board to act during
the period of his appointment, as that member.

4. Effect of lapse or termination of appointment

If at the time the Committee is considering any complaint or information under
this Regulation-

   (a)  the appointment of any person to be the Chairman or a member of the
        Committee lapses by virtue of section 17 of this Regulation or
        terminates by operation of section 1 of this Schedule; or

   (b)  the appointment of any person under section 2 or 3 of this Schedule
        lapses, then if such person is not thereupon elected or re-elected or
        appointed or reappointed, as the case may be, to be the Chairman or a
        member of the Committee, the chairmanship or membership of such person
        shall continue by virtue of this section 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.

5. Resignation by Chairman and member of Committee

(1) The Chairman or a member of the Committee may at any time resign from the
Committee by notice in writing addressed to the Secretary and, subject to
that, if at the time such notice is given the Committee is considering any
complaint or information, the person so resigning shall, if so required by the
Chairman of the Board, continue to be Chairman or 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.

(2) Section 17 of this Regulation shall apply to any vacancy arising from any
resignation under this section as if the vacancy had occurred by effluxion of
time.

6. Chairman or member of Committee attending Board meeting

The Chairman or any member of the Committee shall not participate as a member
of the Board in any meeting relating to 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.

7. Meetings of Committee

(1) 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.

(2) Except where otherwise provided in the Ordinance the Chairman 
of the Committee shall determine the procedure to be adopted at any meeting.
(Enacted 1994)