Hong Kong Regulations

CHINESE MEDICINES TRADERS (REGULATORY) 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, either of its own motion or at the request of the
defendant, 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. (L.N. 240 of 2002)

(4) Where the Committee considers that any allegations 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 or representations. (L.N.
        240 of 2002)

(5) Before coming to a decision regarding a recommendation to the Board under
subsection (7), (8) or (9), the Committee may cause to be made such further
investigations or further clarifications from the defendant with regard to the
case being considered by the Committee and with regard to his explanation and
representations, and may seek such additional advice or assistance as it
considers desirable. (L.N. 240 of 2002)

(6) The Committee shall, having regard to any explanation and representations
provided by the defendant and all the materials before it, consider the case.
(L.N. 240 of 2002)

(7) If the Committee is of the opinion that the conduct of the defendant is
such that the Board may exercise powers under section 139 of the Ordinance,
the Committee shall recommend to the Board accordingly.

(8) If the Committee is of the opinion that the case may be adequately
disposed of by the Committee issuing a letter of advice to the defendant
regarding the subject matter of the complaint or information against him and
without the Board exercising its powers under section 139 of the Ordinance,
the Committee shall recommend to the Board accordingly.

(9) If the Committee is of the opinion that-

   (a)  the matter of which the defendant is alleged, even if proven to be
        true, does not affect his practice as a licensed Chinese medicines 
        trader;

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

   (c)  the defendant has ceased to be a licensed Chinese medicines  trader;
        or

   (d)  the complaint or information has previously been considered and
        disposed of by the Committee and no additional information has been
        provided, it shall recommend the Board not to exercise its powers
        under section 139 of the Ordinance.

(10) The Committee shall by written notification submit the case to the Board
for consideration as to the exercise by the Board of powers under section 139
of the Ordinance specifying-

   (a)  the findings of the Committee;

   (b)  the recommendation of the Committee as to the exercise by the Board of
        powers under section 139 of the Ordinance; and

   (c)  the reasons for making the recommendation.