1959-HKRS29-8-26_Part02 — Page 41

(Cap. 227).

Powers of

Counell with

regard to obtaining

evidence and the conduct of proceedings.

10

Gy) postpone judgment on the case for a period, or periods in the

aggregate, not exceeding two years,

and may, in any case, make such order as the Council thinks fit with regard to the payment of the costs of the Registrar and of any com- plainant or of the registered dentist, and any costs awarded may be recovered summarily as a civil debt in accordance with the provisions of sections 65 and 66 of the Magistrates Ordinance.

(2) For the purposes of subsection (1), "unprofessional conductTM mcans an act or omission of a registered dentist which would be reasonably regarded as disgraceful or dishonourable by registered dentists of good repute and competency,

(3) Nothing in this section shall be deemed to require the Council to inquire into the question whether the registered dentist was properly convicted but the Council may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence.

(4) In any inquiry under this section as to whether a person has been guilty of unprofessional conduct, any finding of fact which is shown to have been made in any matrimonial proceedings in a court of the Commonwealth having unlimited jurisdiction in civil matters, or on appeal from a decision in such proceedings, shall be conclusive evidence of the fact found,

(5) Within one month after the expiry of the time within which an appeal against an order made by the Council in accordance with the provisions of subsection (1) may be made to the Full Court in accordance with the provisions of section 23, or if such appeal has been made, within one month after the decision of the Full Court affirming or varying such order, the Council shall cause the order, or the order as so varied, as the case may be, to be published in the Gazerte and may cause an account of the proceedings at the inquiry al which such order was made to be so pablished. There shall also be published in the Gazette together with such order sufficient particulars to acquaint the general public of the nature of the offence to which the order relates.

19. (1) For the purposes of an inquiry under section 9 or section 18 the Council shall have the following powers.........

(a) to hear, receive and examine evidence on oath;

(b) to summon any person to attend the inquiry to give evidence or produce any document or other thing in his possession and to examine him as a witness or require bim to produce any document or other thing in his possession, subject to all just exceptions,

(c) to admit or exclude the public or any member of the public

from the inquiry:

(c) to admit or exclude the press from the inquiry;

(e) to award any person summoned to attend the inquiry such sum or sums as in the opinion of the Council may have been reasonably expended by him by reason of his attendance. (2) Summonses to witnesses may be in the prescribed form and shall be signed by the Chairman,

20. Any person who being summoned to attend as a witness or Penalty for produce a book, document or any other thing at any inquiry under failure to

giva section 9 or section 18 refuses or acglects to do so or to answer any evidence. question put to him by or with the concurrence of the Council shall be guilty of an offence and shall be liable, on summary conviction, to a fiue of one thousand dollars and to imprisonment for six months:

Provided that no person shall be bound to incriminate himself and every witness shall, in respect of any evidence given by him before the Council, be entitled to the same privileges to which he would be entitled if giving evidence before a court of justice.

21. The complainant in any inquiry under section 9 or section 18 Appearance of and the person whose conduct is the subject of such inquiry shall be counsel, etc. entitled to be represented by counsel or a solicitor throughout the inquiry.

22. (1) The Registrar shall cause a copy of any order made Provisions under subsection (3) of section 9 or subsection (1) of section 18 to be relating to

orders of served forthwith upon the person concerned, either personally or by the Council. registered post addressed to his registered address.

(2) The Registrar shall not remove the name of a registered dentist from the register before the expiry of one month after the date of service of an order of the Council made under subsection (1) of section 18 on the person concerned and in the case of an appeal shall await the decision of the Full Court.

(3) Any person whose name has been removed from the register under the provisions of this Ordinance, or whose name prior to the commencement of this Ordinance had been removed or erased under the provisions of the repealed Ordinance from the register kept in accordance with the provisions of that Ordinance may apply to the Council for the restoration of his name to the register, and the Council, in its absolute discretion and after such inquiry and subject to such conditions as it may consider desirable, may either allow or refuse the application, and, if it allows the same, shall order the Registrar to restore the name of the applicant to the register, and thereupon the Registrar sball restore the name accordingly,