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Ord. No. 42/80
Companies may carry on
professions by way of trade or business.
(Cap. 32.)
Professions
only to be practised by
persons registered.
Disciplinary
powers of board.
SUPPLEMENTARY MEDICAL PROFESSIONS
(2) A public officer with the authorization of the board, which shall be signed by the Chairman of the board, may at any reasonable time enter and inspect premises used or proposed to be used, for the practice of a profession and shall on demand, produce such authority.
(3) A person wilfully obstructing or resisting a public officer duly authorized by the board, in the inspection of premises used or proposed to be used for the practice of a profession, commits an offence.
20. (1) No company as defined in the Companies Ordinance may carry on the business of practising a profession unless-
(a) all persons practising the profession who are employed by the
company are registered in respect of that profession;
(b) it has among its objects the practice of that profession; and (c) within 14 days after 1 July in each year, it transmits to the secretary of the relevant board a statement in the prescribed form containing--
(i) the names and addresses of all persons who are directors or managers of the company;
(ii) the names, addresses, occupations and qualifications of all persons employed by the company in the practice of the profession and the duties performed by such persons; and
(iii) such other particulars as may be prescribed.
(2) A company carrying on the business of practising a profession in contravention of subsection (1), and every director and manager thereof unless he proves that the offence was committed without his knowledge, shall be guilty of an offence.
21. (1) A person who practises a profession without being registered in respect of that profession commits an offence.
(2) Any person who employs any other person to practise a profes- sion to which this Ordinance relates when the second-mentioned person is not registered in respect of that profession commits an offence.
(3) Where a person has been convicted of an offence under this section, a magistrate may, on application made on behalf of the Crown, order that all materials and equipment in the possession or under the control of that person and used in the practice of a profession shall be forfeited.
PART V
DISCIPLINE
22. (1) If after due inquiry into any case referred to it by a Preliminary Investigation Committee in accordance with regulations made under section 29 a board is satisfied that a person registered by that board-
(a) has been convicted in Hong Kong or elsewhere of an offence
punishable with imprisonment;
(b) has acted in an unprofessional or improper manner;
(c) was not at the time of his registration qualified to be registered; (d) has obtained registration by fraud or misrepresentation; or
SUPPLEMENTARY MEDICAL PROFESSIONS
Ord. No. 42/80
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(e) has not complied with or is in breach of any condition of his registration (other than a condition under section 15) or has failed to comply with this Ordinance,
the board may-
(i) order the name of the person registered to be removed from the
register;
(ii) order the name of the person registered to be removed from the
register for such period as it thinks fit;
(iii) order the person registered to be reprimanded; or
(iv) order that a warning letter in such terms as it considers appro-
priate be served on the person registered.
(2) Within 1 month after the expiry of the time within which an appeal against an order made by a board under subsection (1) may be made to the Court of Appeal under section 25 or if such appeal has been made, within 1 month after the decision of the Court of Appeal affirming or varying such order, the board—
(a) shall, in the case of an order made under subsection (1)(i), (ii) or (iii), or the order as so varied, as the case may be, publish the order in the Gazette together with an account of the particulars and the nature of the matter to which such order relates; and
(b) may, in the case of an order made under subsection (1)(iv), or the order as so varied, as the case may be, publish the order in the Gazette together with an account of the particulars and the nature of the matter to which such order relates.
(3) In any inquiry held under this section, a board may make such order as it thinks fit for the payment of the costs of its secretary, a com- plainant, counsel or a solicitor present at the inquiry and the person registered or any one or more of them and any costs awarded may be recovered as a civil debt.
inquiries.
23. (1) For the purposes of an inquiry under section 13 or 22 or Powers of when it otherwise appears desirable to a board that any matter relating boards at to the relevant profession should be inquired into, the board shall subject to subsection (4) have--
(a) to hear, receive and examine evidence on oath; and
(b) to summon a person to attend the inquiry to give evidence or produce a document or other thing in his possession and examine him as a witness or require him to produce a document or other thing in his possession.
(2) A summons under subsection (1) shall be in the prescribed form and signed by the secretary of the board.
(3) Subject to subsection (4), a person who-
(a) being summoned under subsection (1) to attend an inquiry to give evidence or to produce a document or other thing in his possession, refuses or neglects to do so; or
(b) being examined under subsection (1) as a witness by or before a board, refuses or neglects to answer a question put to him by or with the concurrence of the board, or to produce a document or other thing in his possession when required to do so,
commits an offence.