Hong Kong Regulations

CHIROPRACTORS (REGISTRATION AND DISCIPLINARY PROCEDURE) RULES - SECT 9

Preliminary Investigation Committee

PART 3

DUTIES AND POWERS OF PRELIMINARY INVESTIGATION COMMITTEE, ETC.

(1) The 2 members appointed under section 16(3) of the Ordinance
shall constitute a committee which shall be known as the "Preliminary
Investigation Committee".

(2) Subject to subsections (3), (6), (8) and (9), a member of the
Preliminary Investigation Committee shall hold office for a term not exceeding
12 months and may, on the expiry of his term of office, be re-appointed by the
Council.

(3) If a member of the Preliminary Investigation Committee is or will be
unable temporarily to exercise his functions as such member during any period
or in respect of a complaint (as the case may be), the Council may, subject to
subsection (5), appoint a member of the Council to be a temporary member to
act in the place of the first-mentioned member during that period or in
respect of that complaint (as the case may be), and the office of the
first-mentioned member will be suspended during that period or in respect of
that complaint.

(4) A temporary member appointed under subsection (3) shall for all purposes
be regarded as a member of the Preliminary Investigation  Committee.

(5) A person appointed under subsection (3) to act in the place of another
person appointed under section 3(2)(b) of the Ordinance must also be a person
appointed under that section.

(6) Subject to subsection (7), a member of the Preliminary 
Investigation Committee may at any time resign as such member by notice in
writing given to the Secretary.

(7) If, at the time a notice of resignation referred to in subsection (6) is
given by a member, the Preliminary Investigation  Committee is considering a
complaint, the member may be required by the Council to continue to be such
member for the purposes of considering the complaint until the
Preliminary Investigation Committee has discharged its functions in relation
to the complaint.

(8) Subject to subsection (9)(b), a member of the Preliminary 
Investigation Committee who ceases to be a member of the Council shall at the
same time cease to be a member of the Preliminary Investigation  Committee.

(9) If, at the time the Preliminary Investigation Committee is considering a
complaint alleging a disciplinary offence-

   (a)  the term of office of a member of the Preliminary Investigation 
        Committee expires and he is not re-appointed as such member;

   (b)  a member of the Preliminary Investigation Committee ceases to be such
        member under subsection (8), and his cessation of being a member of
        the Council is not for any of the reasons referred to in section 2(a),

   (b)  and (c) of the Schedule to the Ordinance, he shall continue to be a
        member of the Preliminary Investigation  Committee for the purposes of
        considering the complaint until the
        Preliminary Investigation Committee has discharged its functions in
        relation to the complaint.

(10) If a member of the Preliminary Investigation Committee has participated
in the consideration of a complaint by the Preliminary 
Investigation Committee, he shall not participate in the Council's
determination of the complaint.