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CAP. 138]

Pharmacy and Poisons

[1989 Ed.

15. Appointment of Disciplinary Committee

(1) When a complaint is received by the Board regarding the conduct of a registered pharmacist, an employee of a registered pharmacist, a body which is an authorized seller of poisons or an officer or employee of or partner in such body, or when any such person or body is convicted of an offence under this Ordinance or when it otherwise appears necessary or desirable to the Board that the conduct of any such person or body should be inquired into, the Board shall, for the purpose of such inquiry, appoint a Disciplinary Committee consisting of

(a) the medical officer in the Department of Health appointed by the Governor under section 3(2)(e) who shall be the chairman of the Disciplinary Committee; and (Amended L.N. 76 of 1989)

(b) 2 registered pharmacists (not being public officers) nominated by the Pharmaceutical Society of Hong Kong.

(2) The Governor shall appoint a legally qualified person to act as the legal adviser to a Disciplinary Committee.

16. Powers of a Disciplinary Committee

(1) A Disciplinary Committee appointed under section 15 shall hold an inquiry into the conduct of any person or body in respect of whom or which it is appointed and shall cause notice thereof to be served on the person or body concerned at least 28 days before the date of such inquiry.

(1A) A Disciplinary Committee shall conduct an inquiry in accordance with the prescribed procedure. (Added 31 of 1972 s. 4)

(2) A Disciplinary Committee may, if it thinks fit, at the conclusion of an inquiry under this section-

(a) where the inquiry is in respect of a registered pharmacist or an employee of a registered pharmacist, direct the Secretary either-

(i) to censure the registered pharmacist; or

(ii) subject to subsection (5), to remove his name from the register of pharmacists and not to re-enter it thereon for such period as the Disciplinary Committee directs;

(b) where the inquiry is in respect of a body which is an authorized seller of poisons or in respect of an officer or employee of or partner in such body, direct that-

(i) that body be disqualified, for such period as may be specified in the direction, from being an authorized seller of poisons;

or

(ii) subject to subsection (5), any or all of the premises of that body shall be removed from the register of premises and be disqualified, for such period as may be specified in the direction, from being registered therein.

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