Hong Kong Regulations

CHINESE MEDICINE PRACTITIONERS (DISCIPLINE) REGULATION - SECT 6

Consideration of complaint, etc. by Committee

(1) A meeting of the Committee to consider a complaint or information shall be
held in private.

(2) Within a reasonable period before any meeting of the Committee to consider
a complaint or information, the Committee secretary shall provide all members
of the Committee who will consider the complaint or information with copies of
all the documents relating to the complaint or information that he has
received.

(3) The Committee may postpone its consideration or decision of a complaint or
information, in whole or in part, to such date or adjourn a meeting from time
to time as it thinks fit.

(4) Where the Committee considers that any matter or allegation notified to
the defendant under section 5(2) should be amended, the Committee may direct
the Committee secretary to-

   (a)  make the amendment;

   (b)  advise the defendant of the amendment; and

   (c)  invite him to submit any further explanation.

(5) Before coming to a decision regarding a reference to the Board under
subsection (6), the Committee may cause to be made such further investigations
or further clarification from the defendant with regard to the case being
considered by the Committee and with regard to his written explanation, and
may seek such additional advice or assistance as it considers desirable.

(6) The Committee shall, having regard to any written explanation submitted by
the defendant and all the materials before it, consider the case, and subject
to subsections (4) and (5)-

   (a)  if the Committee is of the opinion that-

        (i)    the alleged conviction or finding of misconduct of the
               defendant who is a registered Chinese medicine practitioner
               does not affect his practice as a Chinese medicine
               practitioner;

        (ii)   the complaint or information is frivolous or groundless;

        (iii)  the defendant has ceased to be a registered Chinese medicine
               practitioner;

        (iv)   the complaint or information has previously been considered and
               disposed of by the Committee and no additional information has
               been provided, it shall notify the defendant and the
               complainant that it decides not to refer the case to the Board
               under section 98(1) of the Ordinance; or

   (b)  may by written notification refer the case to the Board under section
        98(1) of the Ordinance to hold an inquiry.