Hong Kong Regulations

CHINESE MEDICINE PRACTITIONERS (DISCIPLINE) REGULATION - SECT 5

Reference of case to Committee

(1) Where the Committee chairman considers that-

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

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

        (i)    if it appears to him that the complaint or information may be
               disposed of by the Committee making a decision referred to in
               section  6 (6)(a) by resolution 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,
               he shall fix a date for the Committee to consider the complaint
               or information.

(2) When the Committee chairman has fixed a date under subsection

(1), he shall arrange to notify the defendant in writing-

   (a)  of any matters or allegations which may constitute the subject-matter
        of an inquiry under section 98 of the Ordinance at least 1 month
        before the date fixed; and

   (b)  of the date on which the Committee will meet to consider the complaint
        or information.

(3) A notification under subsection (2) shall be accompanied by-

   (a)  a copy of the complaint or information;

   (b)  a copy of any statutory declaration furnished under section  4 (1);
        and

   (c)  an invitation to the defendant to submit to the Committee in writing
        any explanation of his conduct or of any matter alleged or shown in
        the complaint or information.

(4) If the Committee chairman considers that in the particular circumstances
of a case it is desirable that any personal particulars of any person
contained in any documents mentioned in subsection (3)(a) or

   (b)  should not be disclosed to the defendant, he may arrange for such
        necessary obliteration or other editorial modification of the copies
        of those documents to be supplied to the defendant so that those
        personal particulars are not disclosed.