Hong Kong Regulations

CHINESE MEDICINE PRACTITIONERS (REGISTRATION) REGULATION - SECT 6

Reference to the Disciplinary Committee

PART III

PROCEDURES RELATING TO REFERENCES TO THE DISCIPLINARY COMMITTEE

(1) Where it has come to the notice of the Board that an applicant may have
been-

   (a)  convicted in Hong Kong or elsewhere of an offence punishable with
        imprisonment; or

   (b)  found guilty in Hong Kong or elsewhere of misconduct in a professional
        aspect, the Board shall refer the relevant details that are available
        to it to the Disciplinary Committee.

(2) Upon receipt of a reference by the Disciplinary Committee under subsection
(1), the Committee chairman may-

   (a)  require the applicant or any person who has provided the information
        mentioned in subsection (1) to make clarifications, whether by way of
        statutory declarations or otherwise, or furnish evidence about the
        alleged conviction or finding;

   (b)  direct the Committee secretary to seek any legal advice or any
        necessary assistance or advice from any relevant authorities with
        regard to the alleged conviction or finding.

(3) When the Committee chairman considers that-

   (a)  all further clarifications, evidence and statutory declarations that
        are necessary to enable the Disciplinary Committee to consider the
        application have been furnished; or

   (b)  it is impracticable to obtain any further clarifications, evidence or
        statutory declarations, he shall-

        (i)    if it appears to him that the reference may be disposed of by
               means of a resolution of the Disciplinary Committee making a
               recommendation mentioned in section 7(5)(a) upon circulation of
               papers under section 48 of the Ordinance, arrange for such
               circulation of papers; or

        (ii)   if he thinks that it is not appropriate to arrange for
               circulation of papers in the particular case or that a
               resolution mentioned in paragraph (i) is unlikely to be made,
               fix a date for the Disciplinary Committee to consider the
               reference and arrange to- (A) notify the applicant of the
               nature of the reference and the date fixed under this
               subsection at least 1 month before that date; and (B) invite
               the applicant to submit to the Disciplinary Committee any
               representations concerning the reference.