Complaint
or informa
tion touching conduct.
Reference of
complaint or informa. tion to the Committee.
11. (1) Where, in a complaint or information sub- mitted by the Secretary to the Chairman of the Commitee under regulation 10, any allegation is made which in the opinion of the Chairman of the Committee gives rise to a question whether a registered medical practitioner has been guilty of infamous conduct in any professional respect, the Chairman of the Commitice may require that the com- plaint or information be formulated in writing setting out the grounds thereof and, except where the complaint or information is in writing under the hand of a public officer or of the President of the Hong Kong Chines Medical Association, supported by one or more statutory declarations as to the facts of the case.
(2) Each statutory declaration referred to in pat graph (1)—–—
(a) shall state the address and description of the
declarant, and
(b) if any fact declared is not within the personal knowledge of the declarant, shall state the source of the declarant's information and the grounds for his belief in the truth of the facts; and
(c) shall be duly stamped.
12. (1) Where a complaint or information is sub- mitted to the Chairman of the Committee by the Secretary. the Chairman of the Committee shall, unless it appears to him that the complaint or information is frivolous or groundless and should not proceed further, direct that the complaint or information be referred to the Committee for its consideration and shall fix a date upon which it is proposed that the Committee shall meet to consider the complaint or information.
(2) Where the Chairman of the Committee directs that a complaint or information be referred to the Com mittee, be shall direct the Secretary to, and the Secretary when so directed shall-
(a) notify the defendant of the receipt of the com
plaint or information;
(b) inform him of the substance thereof;
(c) forward to him a copy of any statutory declare. tion furnished under paragraph (1) of regulation 11:
(d) inform him of the date upon which the Committe is due to meet for the purpose of considering the complaint or information; and
Considera- Six of complaint
or informa. tim by the Committee.
Dxtermina lica of Committed
that th oqaby be held.
Depertra Lom of Commjue
that inquiry be held
Firsa
Schedule, Form 5.
5
(e) invite him to submit to the Committee any ex- planation of his conduct or of any other matter alleged in the complaint or information which he may have to offer,
12A. (1) At the meeting at which the complaint or information is considered by the Committee, the Secretary shall put before the Committed the complaint or informa- tion, any statutory declaration received therewith, any explanation submitted by the defendant and any other document or matter in the nature of evidence relevant to or in support of the complaint or information and which is available.
(2) The Comminee, having regard to any explanation or declaration made by the defendant, shall consider the complaint or information, any statutory declaration received therewith and any document or matter put before it by the Secretary under paragraph (1) and, subject to the provisions of this regulation, shall determine either-
(a) that no inquiry shall be held; or
(3) that the complaint or information shall in whole or in part be referred to the Council for inquiry. (3) Before coming to a determination under para- graph (2), the Committee may cause to be made such further investigations and may obtain such additional advice or assistance as it considers necessary.
13. If the Committes determine that no inquiry shall be held, the Chairman of the Commitee shall direct the Secretary to, and the Secretary when so directed shall. inform any complainant and the defendant of the decision of the Committee and no inquiry shall be held.
14. (1) If the Committee determine that an inquiry shall be held it shall refer the case to the Council and the Chairman of the Committee shall notify the Chairman of the Council specifying the matters into which inquiry is to be made.
(2) Where a case has been referred to the Council under paragraph (1), the Chairman of the Council shall fix a date upon which it is proposed that the inquiry shall be held and shall direct the Secretary to, and the Secretary when so directed, and within one month of the determina- tion of the Committee, shall, serve on the defendant a notice of inquiry in accordance with Form 5 in the First Schedule together with a copy of these regulations.