1960-HKRS29-8-27_Part05 — Page 38

(Cap. 127).

Powers of the Board

with regard to obtaining evidence and

the conduct of proceedings.

8

(2) Any costs awarded in pursuance of subsection (1) may be recovered summarily as a civil debt in accordance with sections 65 and 66 of the Magistrates Ordinance.

(3) For the purposes of section 8 and this section, "unprofessional conduct" means an act or omission of a registered midwife which could be reasonably regarded as disgraceful or dishonourable by registered midwives of good repute and competency,

(4) Nothing in this section shall be construed to require the Board to inquire into the question whether a registered midwife was properly convicted but the Board 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,

(5) In any inquiry under this section as to whether a midwife 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.

(6) Within thirty days after the expiration of the time within which an appeal against an order made by the Board in accordance with the provisions of subsection (1) may be made to the Full Court in accord- ance with the provisions of section 15, or if such appeal has been made, within thirty days after the decision of the Full Court affirming or varying such order, the Board shall cause the order or the order as so varied, as the case may be, to be published in the Gazette, and may cause an account of the proceedings at the inquiry at which such order was made to be so published together with sufficient particulars to acquaint the public with the nature of the offence to which the order relates.

11. (1) For the purpose of any inquiry under section 8 or 10 the Board shall have the following powers-

(a) to take evidence and examine witnesses on oath;

(b) to summon any person to attend the inquiry to give evidence or to produce any document or other thing in his possession and to examine him as a witness or to require him to produce any document or other thing in his possession;

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

from the inquiry:

(d) to admit or exclude the press from the inquiry; and (e) to award any person summoned to attend the inquiry such sum or sums as in the opinion of the Board may have been reasonably expended by him by reason of his attendance.

(2) Summonses to witnesses may be in such form as may be prescribed and shall be signed by the chairman or secretary.

12. Any person who, being summoned to attend as a witness or to Penalty for produce any document or other thing at any inquiry held in accordance failure to

lve evidence. with the provisions of section 10, refuses or neglects to do so or to answer any question put to him by or with the leave of the Board shall be guilty of an offence and shall be liable, on summary convic- tion. to a fine of one thousand dollars and to imprisonment for three months:

Provided that no person shall be required to answer any question or produce any document or other thing which, in the opinion of the Board, may tend to incriminate himself; and every witness shall, in respect of any evidence given by him before the Board, be entitled to the same privileges to which he would be entitled if he were giving evidence before a court of justice.

of counsel,

13. The complainant in any inquiry held in accordance with the Appearance provisions of section 10 and the woman whose conduct is the subject of such inquiry shall be entitled to be represented by counsel or solicitor or by a friend throughout the inquiry.

14. (1) The secretary shall cause a copy of any order made under Provisions subsection (1) of section 10 or of any order refusing registration made relating to

orders of the under subsection (2) of section 8 to be served, as soon as may be after Board. the making of the order, upon the woman concerned, either personally or by registered post addressed to her at the last address known to the secretary.

(2) The secretary shall not remove the name of any midwife from the register before the expiration of thirty days after the service upon her of the copy of the order referred to in subsection (1), or, in the case of an appeal against such order, until after the determination of the appeal.

(3) Any midwife whose name is removed from the register in accordance with the provisions of this Ordinance, or whose name, prior

to the commencement of this Ordinance was removed in accordance with the provisions of the Midwives Ordinance repealed by this Ordin- (Cap. 162). ance from the roll of certified midwives kept in accordance with that Ordinance, may apply to the Board for restoration of her name to the register, and the Board, in its discretion, and after such inquiry and subject to such conditions as it may consider expedient, may either allow or refuse the application, and, if it allows the application, shall direct the secretary to restore the name of the applicant to the register and thereupon the secretary shall restore the name accordingly.