Ad of regola- tion 19.
Amendment
of regula-
tion 29.
AmendeanL of First
Schedule.
Adjoura. ment of inquiry.
Referring back to Committee.
(3) A notice of inquiry shall—
(a) specity in the form of a charge or charges the matters into which inquiry is to be made; and (6) state the date, time and place at which the inquiry
is proposed to be held.
(4) Except with the consent in writing of the defend- ant, an inquiry shall not be held less than twenty-eight days after the date of service of the notice of inquiry.
(5) Service of a notice of inquiry on the defendant may be by registered post addressed to him at the address shown on the register or at his address last known to the Secretary if different.
(6) Within the time stipulated for service of the notice of inquiry, the Secretary shall send a copy of the notice of inquiry to any complainant.
15. (1) The Chairman may adjourn any inquiry 19 such date as he thinks ftt.
(2) Notice of any such adjournment shall be givan to the defendant and to any complainant.
16. (1) Where, after a complaint or information has been referred to the Council for inquiry, further informa- tion is subsequently produced in writing which suggests that an inquiry should not be held, the Council may refer back the case to the Committes for further consideration
(2) As soon as may be after the giving of any such direction, the Chairman of the Committee shall direct the Secretary to, and the Secretary when so directed shall, give notice thereof to any complainant and to the defendant.".
4. Paragraph (2) of regulation 19 of the principal regulations is amended by the deletion of "Registrar" and the substitution therefor of the following-
“Chairman",
5. Paragraph (4) of regulation 29 of the principal regulations is amended by the deletion of ", the Secretary of the Council".
6.
The First Schedule to the principal regulations is amended- (a) in Form 5 by the deletion of "Registrar" and the substitution
therefor of the following-
"Secretary of the Council; and
7
(b) in Form 6 by the deletion of "Registrar" and the subetjustion
therefor of the following-
COUNCIL CHAMBER,
"Chairman of the Council".
18th October, 1966.
Explanatory Note.
Clerk of Councils.
(This Note is not part of the regulations, but is intended to indicate their general purport).
These regulations revoke and replace Part II of the Medical Practi- Gopers (Registration and Disciplinary Procedure) Regulations 1957 regulating the procedure to be followed in relation to complaints made and information received concerning registered medical pracutioners prior to an inquiry by the Medical Council therain in the exercise of its disciplinary powers under Part IV of the Medical Registration Ordinance 1957.
2. The general effect of these regulations is to relieve the Registrar of the functions hitherto performed by him in relation to such complaints and Information. These functions are now performed by the Secretary of the Council and the Chairman of the Preliminary Investigation Committee (herein- after referred to as the Committee). This amendment ensures that the Director of Medical and Health Services who is both Registrar and Chairman of the Medical Council shall not be concerned with complaints or informations before they have been referred to the Medical Council by the Committee.
3. Under the new procedure where a complaint is made or information is received by the Secretary of the Council the Secretary refers the matter to the Chairman of the Committee who, unless it appears to him that the com" plaint or information is frivolous or groundless and should not proceed further, directs that the matter be referred to the Committee for its consideration.
Regulation 11 amends the procedure with regard to cases of conduct It provides that where the Chairman of the Committee is of opinion that a complaint or information gives rise to a question whether a registered medical pructitioner has been guilty of infamous conduct in any professional respect he may require it to be formulated in writing setting out the grounds thereof and, except where it is in writing under the hand of a public officer or the President of the Hong Kong Chinese Medical Association, supported by one ør more statutory declarations as to the facts of the case,
5. The Committes which hitherto consisted of members of the Medical Council now consists of one member of the Medical Council elected by the Council and two registered medical practitioners resident in the Colony who MC not members of the Medical Council nominated by the Hong Kong Branch of the British Medical Association and the Hong Kong Chinese Medical Association and appointed by the Director.
5. Paragraphs (4), (5) and (5) of regulation 9 are new provisions. Under paragraph (4) persons may be elected or appointed to be temporarily members of the Committee where permanent members are temporarily unable to per for their functions. Under paragraph (5) a member whose membership of the Committee terminates whilar it is considering any case shall continue to be a member of the Committee for the purposes of the consideration of that